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BUREAU  OF  THE  AMERICAN  REPUBLICS,    '^ 

WASHINGTON,  U.  S.  A. 


LAWS  OF  THE  AMERICAN  REPUBLICS 


RELATING    TO 


IMMIGRATION 


AND 


THE  SALE  OF  PUBLIC  LANDS. 


BULLETIN   NO.   5.3. 


-i?,'?'^^ 

^'^^l 


BUREAU  OF  THE  I^MERICAN  REPUBLICS, 
NO.  2  LAFAYETTE  SQUARE,  WASHINGTON,  D.  C,  U.  S.  A. 


Director. — William  E.  Curtis. 
Secretary. — Frederic  Emory. 
Portuguese  Translator. — John  C,   Redman. 
Spanish  Translator. — Jose  Ignacio  Rodriguez. 
Clerk. — John  T,  Suter,  Jr. 
Stenographers. — Imogen  A.   Hanna. 
Lucretia  Jackson. 
Distributing  Clerk. — Henrietta  P.   Dunn. 
Librarian. — TiLLiE  L.  Phillips. 
Copyist. — Rosabelle  S.  Rider. 


WASHINGTON,    D.   C,    U.    S,    A.: 

QOVERNMENT  PRINTING  OFFICE, 


l:  Si  £ 


CONTENTS. 


Page. 

Argentine  Republic i 

Bolivia 21 

Brazil 22 

Chile 50 

Colombia .• 52 

Costa  Rica 54 

Ecuador 66 

Guatemala 72 

Honduras ,•  •  •  •  77 

Mexico 98 

Nicaragua '.."...  115 

Paraguay 118 

Peru 134 

Uruguay 141 

Venezuela 157 

Appendix :  -  ^ 

British  Guiana 167 

Dutch  Guiana 174 

Guadeloupe 175 

Cuba 177 

Index 191 

III 


JbTXU 


LIST  OF  PUBLISHED  BULLETINS. 


1.  Hand  Book  of  the  American  Repub-      15. 

lies,  No.  I.  16. 

2.  Hand   Book  of  the  American  Repub-      17. 

lies,  No.  2.  .  18. 

50.  Hand  Book  of  the  American  Repub-      19. 

lies,  No.  3. 

7.  Hand  Book  of  Brazil.  26. 
g.   Hand  Book  of  Mexico. 

31.  Hand  Book  of  Costa  Rica.  28. 

32.  Hand  Book  of  Guatemala. 

33.  Hand  Book  of  Colombia.  29. 

34.  Hand  Book  of  Venezuela. 

51.  Hand  Book  of  Nicaragua.  38. 

52.  Hand  Book  of  Santo  Domingo. 

5.   Import  Duties  of  Mexico.  39. 

8.  Import  Dfities  of  Brazil. 

10.  Import  Duties  of    Cuba  and   Puerto 

Rico. 

11.  Import  Duties  of  Costa  Rica.  42. 

12.  Import  Duties  of  Santo  Domingo. 

20.  Import  Duties  of  Nicaragua.  ^  3. 

21.  Import  Duties  of  Mexico  (revised). 

22.  Import  Duties  of  Bolivia.  4. 

23.  Import  Duties  of  Salvador. 

24.  Import  Duties  of  Honduras.  6. 

25.  Import  Duties  of  Ecuador. 

27.  Import  Duties  of  Colombia.  30. 

36.  Import  Duties  of  Venezuela.  35. 

37.  Import  Duties  of  the  British  Colonies.      40. 

43.  Import  Duties  of  Guatemala. 

44.  Import  Duties  of  the  United  States.  41. 

45.  Import  Duties  of  Peru. 

46.  Import  Duties  of  Chile. 

13.  Commercial  Director}-  of  Brazil.  63, 

14.  Commercial  Directory  of  Venezuela. 

IV 


Commercial  Directory  of  Colombia. 

Commercial  Directory  of  Peru. 

Commercial  Directory  of  Chile. 

Commercial  Directory  of  Mexico. 

Commercial  Director)'  of  Bolivia, 
Ecuador,  Paraguaj',  and  Uruguay. 

Commercial  Directory  of  Argentine 
Republic. 

Commercial  Director)'  of  Central 
America. 

Commercial  Directory  of  Haiti  and 
Santo  Domingo. 

Commercial  Directory  of  Cuba  and 
Puerto  Rico. 

Commercial  Directory  of  European 
Colonies. 

Commercial  Directory  of  Latin  Amer- 
ica. 

Newspaper  Directory  of  Latin  Amer- 
ica. 

Patent  and  Trade-Mark  laws  of  Amer- 
ica. 

Money,  Weights,  and  Measures  of  the 
American  Republics. 

Foreign  Commerce  of  the  American 
Republics. 

First  Annual  Report.  1891, 

BreadstufTs  in  Latin  America. 

Mines  and  Mining  Laws  of  Latin 
America. 

Commercial  Information  Concerning 
the  American  Republics  and  Col- 
onies. 

How  the  Markets  of  Latin  America 
may  be  reached. 


The  Argentine   Republic. 


Of  all  the  countries  of  America  which  at  one  time  belonged 
to  the  Spanish  Empire,  the  Argentine  Republic  has  in  the  most 
satisfactory  manner  solved  the  vital  problem  of  foreign  immi- 
gration and  colonization,  lln  the  famous  speech  which,  at  the 
meeting  of  the  International  American  Conference,  April  2,  1890, 
was  delivered  by  the  eminent  statesman  and  accomplished  scholar, 
Dr.  Don  Rinja«=Sa£a.z  Pena,  the  tact  was  forcibly  stated  that  the 
Argentine  Republic,  by  her  wise  laws  and  clever  management  in 
regard  to  this  subject,  had  succeeded  in  attracting  to  her  territory 
a  regular  and  steady  current  of  immigration,  which  amounted  to 
about  300,000  souls  annually,  and  which  in  no  manner  endangered 
or  obstructed  either  the  institutions  of  the  country  or  the  peace  and 
safety  of  its  inhabitants^ 

Article  20  of  the  Constitution  of  the  Argentine  nation  reads 
as  follows : 

r  Aliens  shall  enjoy  in  the  territory  of  the  nation  the  same  civil  rights  as  its 
Citizens.  They  have  full  liberty  to  engage  in  all  kinds  of  business,  industrial, 
commercial,  or  professional,  and  are  authorized  to  own,  hold,  and  possess 
real  estate,  acquire  it  by  purchase,  inheritance,  or  any  other  legal  means,  and 
to  sell  or  convey  it  to  others.  They  are  also  allowed  to  navigate  the  rivers 
of  the  Republic,  and  along  the  coasts  of  the  same,  and  to  practice  freely  their 
own  religion.  They  can  dispose  by  will  of  the  property  of  which  thev  are 
possessed,  provided  that  the  disposition  which  they  make  is  not'in  contravention 
of  the  law  of  the  country,  and  contract  valid  marriages,  subject  to  the  same 
proviso.     They  are  entitled  to  obtain  naturalization  in  the  Republic  if  they  so 


2  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

desire,  upon  application  for  that  purpose  and  sufficient  proof  that  they  have 
resided  continuously  within  the  limits  of  the  country  for  the  period  of  two 
years ;  but  this  period  may  be  shortened  at  the  discretion  of  the  proper  author- 
ities, at  the  request  of  the  applicant,  and  upon  proof  that,  he  rendered  some 
service  to  the  Republic.   / 

By  other  sections' of  the  constitution  the  following  rights  are 
guaranteed  to  all  residents  of  the  Argentine  nation : 

Absolute  liberty  to  engage  themselves  in  all  kinds  of  lawful 
work,  industry,  navigation,  or  commerce.  Absolute  and  unre- 
stricted right  of  petition  to  the  authorities.  Absolute  and  unre- 
stricted freedom  to  enter  the  Argentine  territory,  travel  through  it, 
remain  in  it,  or  leave  it.  Absolute  liberty  to  give  the  public, 
through  the  press,  their  own  ideas  in  all  matters,  without  previous 
censorship  of  any  kind.  Absolute  right  to  hold  and  possess  prop- 
erty of  all  kinds  and  freely  dispose  of  it.  Absolute  freedom  of 
association  for  all  kinds  of  useful  purposes.  Unrestricted  freedom 
of  worship.     Absolute  liberty  to  teach  and  to  learn.  ^ 

Equality  before  the  law.  There  are  no  slaves  in  the  Republic, 
and  the  few  who  existed  in  i860  were  at  once  set  free  by  the  con- 
stitution. The  purchase  or  sale  of  a  human  being  is  a  criminal 
offense  severely  punished  by  the  Penal  Code.  Slaves  coming  from 
abroad  become  free  as  soon  as  they  set  their  feet  on  the  Argentine 
soil.  No  privileged  classes,  titles  of  nobility,  or  personal  distinc- 
tions on  account  of  birth,  profession,  etc.,  are  recognized  by  law. 
Equality  also  prevails  in  matters  of  taxation  and  in  the  distribu- 
tion of  public  duties  and  burdens. 

Private  property  can  not  be  taken  for  public  use,  unless  by 
operation  of  law  and  upon  the  previous  payment  of  the  proper 
indemnity.  The  penalty  of  confiscation  of  property  is  absolutely 
abolished. 

No  punishment  can  be  inflicted  upon  any  inhabitant  of  the 
Republic  except  upon  regular  trial  and  for  offenses  which  are  de- 
claied  to  be  such  by  laws  previously  enacted,  nor  can  those  trials 
be  conducted  by  special  commissions,  or  by  courts  different  from 


ARGENTINE    REPUBLIC.  ,  3 

those  which  wereof  competent  jurisdiction  under  the  general  laws 
in  force  prior  to  the  offense.  Absolute  inviolability  is  guaranteed 
by  law,  both  to  the  defense  of  all  the  inhabitants  of  the  Republic 
in  all  their  cases,  whether  civil  or  criminal,  before  the  courts,  and 
to  the  domicile  of  all  of  them  and  their  private  papers  and  corre- 
spondence. The  penalty  of  death  can  not  be  inflicted  for  political 
offenses. 

Naturalized  citizens  are  exempted  from  military  service  during 
the  ten  years  subsequent  to  their  admission  to  citizenship.     But 
this  privilege  may  be  waived  by  them  if  they  wish,  ?nd  in  that 
case  they  may  be  allowed  to  render  this  service. 
TArticle  25  provides  as  follows: 

The  Federal  Government  shall  promote  and  encourage  European  immigration. 
It  shall  have  no  power  to  restrict,  to  limit,  or  to  burden  with  taxes  or  charges 
of  any  kind,  the  afflux  to  the  territory  of  the  Republic  of  any  foreigners  coming 
to  it  to  cultivate  its  soil,  to  improve  its  industries,  or  to  introduce  and  teach 
the  sciences  and  arts.  | 

The  Law  of  Immigration  and  Colonization  for  the  Argentine 
Republic,  enacted  October  6,  1876,  established  a  general  bureau 
of  immigration,  under  the  supervision  of  the  Secretary  of  the  In- 
terior. To  the  able  management  of  this  office  and  the  liberality 
shown  by  the  Government  in  the  distribution  of  the  public  lands, 
as  well  as  to  the  natural  fertility  of  the  country,  the  great  success 
secured  in  this  matter  has  undoubtedly  been  due. 

This  important  law  consists  of  two  parts:  I.  "Immigration;" 
II.  "Colonization." 

The  first  part,  subdivided  into  ten  chapters,  substantially  pro- 
vides as  follows: 

Chapter  I  (sections  1  to  3),  for  the  organization  of  the  bureau 
of  immigration  and  the  determination  of  its  duties  and  powers. 

Chapter  II  (sections  4  and  ^),  for  the  appointment  of  immi- 
gration agents  in  several  localities  of  Europe  and  America. 

Chapter  III  (sections  6  to  8),  for  the  establishment  of  several 
commissions  of  immigration,  subject  to  the  general  bureau,  to  sit 


4  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

at  the  capital  of  each  province  and  at  certain  ports  where  immi- 
grants are  accustomed  to  land,  and,  if  necessary,  at  any  other  place. 

Chapter  IV  (sections  9  to  11),  for  the  establishment  of  employ- 
ment bureaus,  under  the  control  and  supervision  ot  the  local  com- 
mission and  the  central  bureau  of  immigration,  to  assist  immigrants 
in  finding  profitable  work  and  advising  them  in  the  matter  of  what- 
ever contracts  or  obligations  proposed  to  them. 

Chapter  V,  on  immigrants,  is  as  follows  : 

Sec.  12.  Foreigners  of  both  sexes,  of  good  moral  character  and  under  the  age 
of  60  years,  whether  day  laborers,  or  capable  of  exercising  a  trade,  or  of  working 
in  an  industrial  establishment,  farmers,  or  teachers,  who  come  to  the  Republic 
for  the  purpose  of  settling  on  its  soil,  and  have  arrived  either  on  board  a  sail- 
ing vessel  or  a  steamer  as  a  second  or  third  class  passenger,  or  have  had  their 
passage  paid  by  the  nation,  by  some  one  of  the  provinces,  or  by  some  private 
colonization  board  or  association,  shall  be,  for  all  the  purposes  of  the  present  law, 
deemed  to  be  immigrants. 

Sec.  13.  Those,  however,  who  may  be  uuwilling,  for  reasons  of  their  own, 
to  be  considered  as  such  immigrants,  even  if  they  have  all  the  qualifications  re- 
quired by  the  preceding  section,  shall  be  permitted  to  set  forth  their  wishes, 
either  before  starting  in  their  voyage,  by  representing  to  the  captain  or  master 
of  the  vessel,  who  shall  be  bound  to  make  a  record  of  it  in  his  books,  that  they 
waive  all  their  rights  and  privileges  as  immigrants,  or  after  their  arrival  in  the 
Argentine  Republic  by  making  a  declaration  to  the  same  effect  before  the  proper 
authorities.  In  both  cases  said  passengers  shall  be  deemed  to  be  ordinary  travel- 
lers. 

This  provision  nevertheless  shall  not  be  applicable  to  those  persons  coming  to 
the  Republic,  under  proper  contracts,  to  settle  on  its  territory,  whether  in  any 
colony  or  elsewhere. 

Sec.  14.  Every  immigrant  who  gives  sufficient  evidence  of  his  good  moral  char- 
acter and  shows  his  aptitude  to  engage  in  any  industrial  business,  or  in  any  trade 
or  useful  occupation,  shall  be  entitled,  upon  his  arrival  in  the  country,  to  the 
following : 

First.  To  be  lodged  and  supported  at  the  expense  of  the  nation  for  the  time 
set  forth  in  sections  45,  46,  and  47  of  the  present  law  (5  days  to  be  counted 
from  the  date  of  landing  if  the  immigrant  is  in  good  health,  and  in  case  of  illness 
which  prevents  his  removal  at  the  expiration  of  5  days,  as  many  days  as  the  ill- 
ness may  last.  But  immigrants  under  contract  shall  have  board  and  lodging 
gratuitously  until  sent  to  their  destination.) 


ARGENTINE     RKl'LBI.IC.  ^ 

Second.  To  be  given  occupation  in  such  branch  of  labor  or  industry  existing 
in  the  country  as  he  may  wish* to  engage  in. 

Third.  To  be  carried,  at  the  expense  of  the  nation,  to  any  place  of  the  Re- 
public in  which  he  may  wish  to  establish  his  domicil. 

Fourth.  To  be  allowed  to  introduce,  free  from  duty,  his  wearing  apparel, 
household  furniture,  agricultural  implements,  tools,  instruments  of  his  particular 
trade  or  art,  and  a  fowling  piece  for  each  adult  immigrant,  up  to  the  amount 
fixed  by  the  Executive. 

Sec.  15.  The  foregoing  provisions  shall  be  applicable,  as  far  as  possible,  to 
the  wives  and  children  of  the  immigrants. 

Sec.  16.  The  good  moral  conduct  and  industrial  ability  of  the  immigrant  may 
be  proved  by  certificates  issued  either  by  the  Argentine  consul  or  immigration 
agent  at  the  place  from  which  the  immigrant  comes,  or  by  the  local  authorities 
of  the  same  place.  In  the  latter  case  the  certificates  must  be  authenticated 
either  by  the  consul  or  the  immigration  agent. 

Sec.  17.  All  immigrants,  farmers,  who  come  under  contracts  to  settle  on  any 
of  the  colonies  established  in  the  Republic,  and  engage  therein  in  agricultural 
purposes,  or  who  in  the  absence  of  such  contracts  are  willing  to  go  to  the  said 
Colonies  for  the  same  purposes,  shall  be  given  the  same  special  privileges  and 
advantages  in  regard  to  the  payment  of  passages,  concessions  of  land,  facilities 
for  the  cultivation  of  the  lands,  etc.,  as  are  granted  under  chapter  iii,  part 
second  of  the  present  law. 

Chapter  VI,  "on  the  vessels  engaged  in  the  transportation  of 
immigrants,"  carefully  regulates  this  matter.  Its  provisions  (sec- 
tions 18  to  37)  are  calculated  to  insure  the  safety  and  comfort  of 
the  immigrants,  and  to  prevent  abuses  on  the  part  of  the  captains 
or  masters  of  the  ships,  and  seem  to  have  worked  satisfactorily. 

Chapter  VII,  "on  the  landing  of  the  immigrants,"  secures  by 
its  provisions  (sections  38  to  41)  the  supervision  of  the  National 
Government,  according  to  the  rules  made  for  that  purpose. 

Chapter  VIII,  "on  the  lodging  and  board  of  the  immigrants," 
(sections  42  to  47)  contains  provisions  for  the  establishment  of 
lodging  houses,  or  depots  for  the  immigrants  and  for  their  support, 
as  follows: 

Sec.  45.  The  immigrants  shall  be  entitled  to  proper  decent  boarding  and 
lodging  at  the  expense  of  the  nation  during  the  five  days  immediately  following 
to  the  date  of  their  landing. 


b  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Sec.  46.  In  case  of  grave  disease,  which  rendered  it  impossible  for  the  immi- 
grant, at  the  expiration  of  the  said  five  days,  to  move  from  that  place,  he  shall 
be  allowed  to  remain  there  and  the  Government  shall  continue  to  attend  to  his 
lodging  and  support  until  he  recovers. 

On  all  other  circumstances  the  immigrant  who  remains  at  the  establishment 
for  a  longer  period  than  the  five  days  above  stated  shall  be  bound  to  pay  for  it 
at  the  rate  of  half  a  dollar  per  day  each  person  over  8  years  of  age  and  25  cents 
each  child  under  that  age. 

Sec.  47.  The  foregoing  provisions  shall  not  be  applicable  to  such  immigrants 
as  come  to  the  country  under  contracts  made  and  entered  into  between  them 
and  the  nation  to  settle  in  the  colonies,  said  immigrants  being  entitled  to  gra- 
tuitous boarding  and  lodging  until  they  are  sent  to  their  places  of  destination. 

•  Chapter  IX  deals  with  securing  occupation  for  the  immigrants, 
their  transportation  to  the  respective  localities  wherein  they  are  to 
settle,  and  contains  among  others  the  following  important  provision : 

Sec.  51.  Whenever  an  immigrant  should  express  -his  wish  to  reside  in  any 
province  or  colony  of  the  Republic,  in  preference  to  any  other  place,  he  shall 
be  immediately  transported  free,  together  with  his  family  and  baggage,  to  the 
locality  selected  by  him. 

Sec.  52.  If  he  has  chosen  to  reside  in  any  of  the  provinces,  he  shall  be  sup- 
ported by  the  respective  commissions  of  immigration  until  reaching  the  place 
of  destination  during  ten  days.  At  the  expiration  of  this  time  each  person  over 
8  years  shall  pay  half  a  dollar  per  day  and  each  child  under  that  age  25  cents. 
But  in  case  of  grave  sickness  the  State  shall  continue  to  pay  as  long  as  it  lasts. 

Sec.  53.  If  the  immigrant  has  chosen  to  go  to  a  colony  he  shall  be  granted 
all  the  advantages  to  which  colonists  are  entitled  under  the  present  law. 

Chapter  X,  under  the  heading  of  "The  Immigration  Fund," 
provides  for  the  creation  of  a  fund  to  this  effect,  consisting,  first, 
of  all  moneys  appropriated  by  Congress  to  encourage  immigration; 
second,  of  all  moneys  collected  through  the  office  of  lands  and  col- 
onies; third,  of  all  fines  imposed  to  punish  violations  of  the  present 
law;  fourth,  of  all  moneys  which  the  immigrants  themselves  may 
pay  under  the  provisions  of  this  law.  This  chapter  regulates,  also, 
the  distribution  to  be  made  of  these  funds  and  by  whom  and  with 
what  requisites  and  formalities. 


ARGENTINE    REPUBLIC. 


Part  second,  devoted  to  "  Colonization,"  contains  seven  chapters, 
as  follows: 

Chapter  I,  "On  the  central  office  of  lands  and  colonies,"  establishes 
a  central  office  at  the  capital  of  the  Republic,  under  the  immediate 
supervision  of  the  Secretary  of* the  Interior,  and  regulates  its  func- 
tions and  duties  as  well  as  its  relations  with  the  bureau  and  the 
commissions  and  agents  of  immigration. 

Chapter  II,  "On  the  national  territories  and  their  divisions," 
provides  for  surveying  the  territories  belonging  to  the  nation,  and 
the  division  of  those  best  adapted  for  agriculture  in  sections  of 
20  kilometers  square.  This  area,  however,  may  be  lesser  or  greater 
whenever  a  natural  limit  can  be  taken  advantage  of  on  any  side, 
provided  that  the  increase  or  the  decrease  resulting  thereby  does 
not  exceed  the  20  per  cent  of  the  regular  size  of  the  section.  Each 
section  is  to  be  subdivided  into  400  "lots"  of  100  hectares. 

Four  lots  shall  be  set  apart  in  the  center  of  each  section,  if  no 
better  locality  is  found  elsewhere,  for  the  erection  of  a  town,  and 
seventy-six  others  devoted  to  use  as  commons.  The  remaining 
320  lots  shall  be  subdivided  in  halves  and  quarters,  designating 
the  lots  by  numbers,  beginning  at  the  northwestern  angle  and  con- 
tinuing from  left  to  right  to  the  end  of  the  section  and  back  again 
to  the  southwestern  corner.  The  subdivisions  shall  be  marked  by 
letters.  ^ 

Each  section  so  subdivided  shall  be  called  a  "partido,"  which 
shall  be  crossed  from  north  to  south  and  from  east  to  west  by  two 
streets  or  roads  50  meters  wide,  meeting  in  the  center  of  the  prin- 
cip^  square  of  the  town.  The  roads  between  lot  and  lot  shall  be 
25  meters  wide. 

The  four  lots  set  apart  for  the  building  of  the  town  shall  be 
subdivided  in  256  manzanas,  or  blocks,  of  100  meters  on  each 
side.  The  streets  shall  be  20  meters  wide,  but  that  one  which 
marks  the  boundary  shall  have  a  width  of  48  meters.  The  four 
central  blocks  shall  be  set  apart  to  be  used  as  principal  square. 


8  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

and  two  other  blocks  opposite  to  them  shall  be  left  for  the  public 
buildings. 

The  blocks  or  manzanas  shall  be  subdivided  in  building  lots 
(solares)  of  50  meters  on  each  side. 

Chapter  III,  "On  colonization,  donations,  sale,  and  reservation 
of  lands,"  provides  for  the  transportation  of  the  families  destined 
to  each  section  when  ready  for  settlement.  The  first  one  hundred 
colonists  in  each  section  who  are  farmers  and  heads  of  a  family 
shall  be  given  gratuitously  a  lot  of  100  hectares,  the  lots  to  be 
distributed  alternately.  The  remaining  rural  lots  shall^be  sold  at 
the  rate  of  $2  a  hectare,  to  be  paid  in  ten  installments,  the  first 
not  payable  until  the  end  of  the  second  year. 

The  sales  may  be  limited  to  the  fourth  part  ot  a  lot,  but  can 
never  exceed  four  lots  in  favor  of  only  one  purchaser. 

The  office  of  lands  and  colonies  shall  advance  the  money  neces- 
sary for  the  payment  of  the  passage  of  the  colonists  from  the  place 
of  embarkation  to  destination,  also  for  thejr  lodging,  support,  the 
animals  which  they  may  acquire  for  "breeding  and  working  pur- 
poses, as  well  as  seeds  and  implements,  all  of  this  for  one  year  at 
least.  But  the  sums  so  advanced  shall  never  exceed  $1,000  per 
colonist,  and  shall  be  repaid  to  the  Government  in  five  install- 
ments, the  first  of  which  shall  not  be  due  until  after  the  expira- 
tion of  the  third  year. 

The  building  lots  shall  be  sold  at  the  rate  of  $2  each. 

The  purchasers  of  lots,  both  building  and  rural,  shall  be  bound 
to  settle  and  dwell  on  the  former  within  the  period  of  one  year, 
and  to  have  the  latter  under  cultivation  for  two  continuous  years. 
The  failure  to  fulfill  this  requisite  shall  cause  the  lands  to  be  for- 
feited. 

The  Government  may  reserve  some  sections,  for  colonization  by 
private  enterprises,  for  Indian  reservations,  or  for  grazing  purposes. 

In  case  any  private  colonization  company  should  ask  the  Gov- 
ernment for  any  of  the  sections  which  it  has  the  power  to  reserve 


ARGENTINE    REPUBLIC. 


for  this  purpose,  the  same  shall  be  granted  on  condition  that  the 
survey  and  subdivisions  ot  the  ground  be  made  in  strict  conform- 
ity- with  the  provisions  of  law,  and  that  at  least  140  families 
devoted  to  agriculture  be  brought  there  and  settled  within  two 
years. 

Each  one  of  these  families  shall  be  the  owner,  either  through 
donation  or  purchase,  of  at  least  50  hectares,  and  the  colonies  are 
to  be  provided  with  proper  lodgings,  implements  of  labor,  animals 
for  working  and  breeding  purposes,  seeds,  and  board  for  at  least 
one  year,  the  actual  value  of  which  shall  be  paid  back  by  them, 
with  an  additional  chatge  of  20.  per  cent,  and  interest  at  10  per 
cent  per  annum,  in  easy  annual  installments,  after  the  third  year. 

All  contracts  entered  into  between  the  private  associations  and 
the  colonists  are  to  be  examined  by  the  office  of  lands  and  colonies 
so  as  to  secure  strict  compliance  with  the  provisions  of  the  law. 

The  colonization  companies  must  give  bonds  in  the  sum  of 
$4,000,  which  shall  be  forfeited  in  case  of  violation  of  the  terms 
of  the  concession,  and  the  concession  itself  shall  be  also  forfeited 
in  such  cases  as  under  the  law  such  an  additional  penalty  ought  to 
be  imposed. 

The  national  executive  may  grant  tracts  of  lands,  in  territories 
belonging  to  the  nation,  but  not  yet.  surveyed  and  open  to  coloni- 
zation, as  may  be  asked  for  by  private  colonization  companies;  but 
these  concessions  shall  be  made  on  condition  that  the  company  will 
strictly  comply  with  the  provisions  of  this  law,  and  cause  at  least 
250  families  devoted  to  agriculture  to  settle  on  the  lands  within  a 
period  of  four  years.     A  bond  of  $10,000  will  be  required. 

No  more  than  two  sections  of  land  shall  ever  be  granted  to  one 
and  the  same  company,  which  shall  always  pay  for  the  surveys 
and  all  other  expenses,  except  the  transportation  of  the  colonists 
from  the  place  of  landing  to  the  site  of  the  colony,  which  shall  be 
paid  by  the  nation. 

Chapter  IV,  consistmg  of  six  sections — from  section    106  to 


10  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

1 1 1 — provides  for  the  creation  and  management  of  a  special  land 
fund  to  meet  all  the  necessities  of  this  branch  of  the  service.  . 

Chapter  V  empowers  the  national  executive  to  encourage  by  all 
possible  means  the  development  of  agriculture,  and  make  gratui- 
tous concessions  of  lands  to  those  colonists  who  have  distinguished 
themselves  by  their  steady  work  and  exceptional  industry.  But 
no  more  than  two  lots  shall  be  granted  in  this  way  to  the  same 
person.  ♦ 

Each  colonist  shall  be  entitled,  within  the  first  six  years  of  his 
establishment  in  the  country,  to  a  reward  of  $  i  o  for  each  thousand 
trees  two  years  old,  which  he  proves  to  have  planted  and  to  be 
in  existence  on  his  grounds. 

The  national  colonies  shall  be  exempted  from  direct  taxation  of 
all  kinds  during  the  first  ten  years  of  their  existence  as  such  colo- 
nies. 

The  agricultural  implements,  seed,  tools,  furniture,  and  arms 
imported  for  the  use  of  the  immigrants  shall  be  introduced  in  the 
colonies  free  from  duties. 

Chapter  VI  provides  for  the  administration  of  the  government 
of  the  colony,  under  a  commissioner  {comisario)  appointed  by  the 
executive,  who  shall  take  charge  of  everything  relative  to  lands, 
surveys,  and  colonization  matters  properly,  and  a  justice  of  the 
peace  and  five  aldermen,  elected  by  the  colonies.  But  said  elec- 
tion shall  not  take  place  until  after  the  settlement  on  that  particu- 
lar locality  of  at  least  fifty  families. 

Chapter  VII,  which  is  the  last,  authorizes  the  national  execu- 
tive to  assist  the  provinces  in  promoting  and  encouraging  coloni- 
zation, by  granting  gratuitous  transportation  of  the  colonists,  by 
contributing  $200  for  each  hundred  families  settled  in  the  province, 
and  by  other  measures  of  no  less  liberal  character. 

In  an  interesting  book  published  in  English,  in  Buenos  Aires, 
in  i888,  under  the  title  of  Manual  of  the  Immigrant  to  the  Argen- 
tine Republic,  by  Mr.  M.  A.  Pelliza,  and  adopted  as  official  by 


ARGENTINE    REPUBLIC.  1  1 

the  Government,  information  of  great  value  is  supplied  about  the 
cost  of  living,  facilities  of  transportation,  and  all  other  points  use- 
ful to  immigrants  and  colonists,  both  in  the  national  territories  and 
the  provinces  or  states. 

LAND    LAWS. 

Distinction  is  made  between  the  lands  belonging  to  the  nation 
and  the  lands  belonging  to  the  provinces. 

The  only  actual  national  lands  [writes  Mr.  E.  L.  Baker,  United  States 
consul  at  Buenos  Aires,  in  a  report  to  the  Government],  are  those  which 
are  embraced  in  the  several  territories  of  the  nation,  to  wit :  The  Pampa, 
the  Chaco,  the  Missiones,  and  Patagonia,  and  none  of  this  public  domain  can 
be  disposed  of  without  previous  measurement  and  survey.  This  is  regulated 
under  the  law  of  October  24,  1882,  which  provides  that  all  surveys  shall 
be  made  in  successive  zones,  and  in  ordering  surveys  the  Government  is 
required  to  select — (1)  those  lands  which  are  contiguous  to  zones  which  have 
already  been  opened  to  settlement,  either  by  the  provinces  or  by  the  nation  ; 
(2)  those  lands  which  are  situated  on  the  seacoast  or  banks  of  rivers,  or  are 
adjacent  to  ports  or  roads  and  ways  of  communication  already  opened. 

The  system  of  measurement  in  the  Pampa  and  Patagonia  is  as  follows:  (1) 
Sections  of  1,000,000  hectares  (400  leagues  of  2,500  hectares  each)  shall  be 
marked  off;  (z)  Each  of  these  sections  shall  be  divided  into  four  quarters  of 
250,000  hectares  (100  leagues  of  2,500  hectares  each),  and  each  one  of  these 
shall  be  subdivided  into  twenty-five  lots  of  10,000  hectares  (4  leagues  each);  (3) 
these  lots  of  10,000  hectares  shall  be  in  the  form  of  a  square. 

It  is  further  provided  that  the  engineers  and  surveyors  commissioned  to  make 
these  surveys  must  be  named  personally  by  the  executive  and  in  no  case  shall 
the  same  parties  be  engaged  to  survey  more  than  one  section.  They  shall  pro- 
ceed to  do  their  work  in  accordance  with  such  instruction  as  they  shall  receive 
from  the  department  of  engineers,  and  the  reports  they  make  shall  be  descriptive, 
indicating  the  areas  most  appropriate  for  agriculture  or  for  the  location  of  towns 
and  colonies,  and  giving  the  reasons  for  their  opinions.  Upon  the  receipt  of 
these  reports  the  executive  shall  decide  the  areas  which,  for  any  reason,  shall  be 
excluded  from  public  sale.  In  those  sections  which  extended  into  the  Cordilleras 
of  the  Andes  there  shall  be  made,  in  addition  to  the  annotations  above  referred  to, 
exact  annotations  of  all  mines,  salt  deposits,  spring  and  water  courses,  the  height 
above  the  level  of  the  sea,  and  all  other  matters  worthy  to  be  mentioned  in  each 
section  surveyed.     These  returns  and  field  notes  must  be  presented  to  the  depart- 


12  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

ment  of  engineers  for  examination,  and  a  duplicate  also  to  the  executive.  There- 
upon the  department  of  engineers  shall  designate  the  areas  which,  in  their  opinion, 
are  to  be  set  apart  for  pasturage,  for  agriculture,  and  for  towns  and  colonies. 

In  regard  to  the  territory  of  Missiones,  its  area  shall  be  subdivided  on  a  differ- 
ent basis.  It  is  to  be  surveyed  into  sections  of  10,000  hectares  each,  and  each 
of  these  again  subdivided  into  one  hundred  lots  of  100  hectares  each,  and  in  the 
surveys  shall  be  designated  the  parts  appropriate  for  agriculture  in  the  manner 
above  stated. 

When  all  these  surveys  and  plats  shall  have  been  approved  by  the  executive, 
they  are  to  be  lithographed  and  printed  for  distribution. 

SALE    OF    PASTORAL    LANDS. 

In  the  sale  of  lands  designated  for  pastoral  purposes  the  law  provides  as 
follows : 

1.  All  sales  must  be  made  at  public  auction,  and  it  is  not  allowed  to  include 
in  one  auction  an  area  of  more  than  2,500,000  hectares. 

2.  The  area  or  extent  of  land  annually  sold  shall  not  exceed  2,500,000  hec- 
tares, or,  say,  1,000  leagues  of  2,500  hectares  each. 

3.  The  minimum  price,  as  a  base  for  the  auction,  in  the  territories  of  the 
Pampa  and  Patagonia  is  fixed  at  20  cents  per  hectare,  or  $500  per  league,  and 
in  the  territory  of  the  Chaco  at  30  cents  per  hectare,  or  $750  per  league. 

4.  The  auction  must  be  advertised  not  less  than  90  days  before  the  day  of  sale 
in  the  capital  of  the  Republic  and  in  the  capitals  of  the  several  provinces. 

5.  The  base  for  each  sale  shall  be  2,500  hectares,  or  a  square  of  5,000  meters 
each  side. 

6.  The  purchaser  has  the  privilege  of  acquiring  not  more  than  40,000  hectares, 
or  four  continuous  lots. 

7.  These  tracts  can  only  be  acquired  by  those  who  obligate  themselves  to 
settle  them,  expending  within  the  first  2  years  not  less  than  500  pesos  for  each 
lot  of  4  leagues  in  houses  and  stock, 

8.  The  payments  must  be  made  as  follows :  One-sixth  part  cash  in  hand  and 
the  balance  in  five  equal  annual  payments,  the  purchaser  signing  notes  for  the 
deferred  payments. 

9.  If  these  notes  are  not  paid  at  matufity  they  may  be  renewed  for  1  year 
at  6  per  cent  interest;  if  then  they  or  any  of  them  are  not  paid  or  if  the  ob- 
ligation to  settle  the  lands  has  not  been  complied  with,  the  chief  of  the  land 
office  will  proceed  to  sell  the  same  for  account  of  the  purchaser  at  public  auction. 

10.  The  payment  of  any  or  all  the  notes  may  be  anticipated  at  a  discount 
of  6  per  cent. 


ARGENTINE     REPUBLIC.  1 ':^ 

1 1.  The  auctions  of  all  public  lands  must  take  place  in  the  national  land  office 
between  12  and  4  o'clock  of  the  days  advertised,  and  one  offer  is  sufficient,  pro- 
vided it  is  not  less  than  the  price  fixed  as  the  base  of  the  sale.  And  the  chief 
of  the  national  land  office,  assisted  by  a  Government  notary,  shall  preside  at  all 
auctions. 

1 2.  For  each  tract  sold  the  land  office  gives  a  certificate  on  stamped  paper, 
signed  by  the  chief  and  countersigned  by  the  President  of  the  Treasury. 

13.  The  national  land  office  is  required  to  keep  a  register,  in  which  shall  be 
noted  all  lots  sold,  with  a  full  description  of  the  same,  the  name  of  the  pur- 
chaser, the  date  of  the  purchase,  etc, 

14.  When  all  the  conditions  and  requirements  of  the  law  have  been  complied 
with  and  the  entire  amount  of  the  purchase  money  paid,  the  executive  shall  order 
the  Government  notary  to  complete  and  deliver  deeds  of  transfer  to  the  pur- 
chaser. 

SALE    OF    AGRICULTURAL     LANDS. 

The  entire  territory  of  Missiones  and  such  areas  as  are  set  apart  for  agricul- 
ture in  the  territories  of  the  Pampa,  Chaco,  and  Patagonia  are  designated  as 
farming  lands  {tierras  de pan),  and  they  are  sold  on  the  following  terms: 

1.  The  surveys,  which  the  department  of  engineers  is  required  to  make,  must 
be  made  public  and  the  plans  distributed  throughout  the  Republic. 

2.  Any^person  or  company  can  purchase  not  less  than  25  hectares  nor  more 
than  four  lots,  say  400  hectares,  in  the  same  section. 

3.  The  sales  must  be  made  by  application  or  petition  written  before  the 
chief  of  the  public  land  office,  who  must  enter  in  a  special  register  the  day  and 
hour  at  which  it  was  presented,  with  a  description  of  the  tract  solicited.  The 
entry  must  be  signed  by  the  applicant  or  his  attorney. 

4.  The  price  of  farming  lands  in  the  Missiones  and  the  Chaco  is  fixed  at  2 
pesos  (or  dollars)  per  hectare  and  in  the  Pampa  and  Patagonia  at  \%  pesos. 

5.  The  payments  must  be  as  follows:  One-fifth  part  cash  and  the  balance 
in  four  equal  annual  payments. 

6.  The  purchasers  must  sign  notes  for  the  deferred  payments;  but  these  notes 
can  be  discounted  and  paid  before  maturity,  as  in  the  case  of  pastoral  lands. 

7.  The  chief  of  the  land  office  shall  deliver  to  the  purchaser  a  certificate  on 
stamped  paper,  signed  by  the  said  chief  and  countersigned  by  the  president  of 
the  treasury,  and  this  certificate  is  not  transferable. 

8.  These  farming  lands  can  only  be  acquired  by  those  who  obligate  themselves 
to  cultivate,  within  the  three  following  years,  at  least  the  fifth  part  of  each  tract. 


14  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

9.  Purchasers  who  fail  to  comply  with  the  obligations  of  their  contracts  shall, 
when  their  note^  fall  due,  be  proceeded  with  as  in  the  case  of  pastoral  lands. 

10.  When  all  the  conditions  of  the  sale  have  been  complied  with  by  the  pur- 
chaser and  the  full  price  of  the  land  paid,  the  Government  notary  shall,  on  the 
order  of  the  Executive,  complete  and  deliver  the  deeds  of  transfer. 

GENERAL    REGULATIONS. 

1.  In  all  cases  of  the  sale  of  Government  lands  the  purchaser  is  not  allowed 
to  sell  his  tract  to  the  adjoining  owner  until  he  has  fully  completed  the  purchase. 

2.  Neither  purchasers  nor  their  assigns  are  permitted  to  make  any  opposition 
to  the  opening  of  roads  or  highways  over  their  lands  when  the  increase  of  pop- 
ulation shall  require  this,  nor  to  the  running  of  railways  across  their  lands;  nor 
have  they  any  right  to  indemnity  for  ground  which  may  be  taken  for  such  pur- 
poses, but  they  have  such  right  in  the  case  of  buildings  or  improvements. 

3.  The  Government  is  not  allowed  to  sell  lands  on  which  there  are  deposits 
of  salt. 

4.  Lots  designated  for  towns  and  colonies  shall  be  divided  up  and  sold  in 
accordance  with  the  law  in  such  cases  made  and  provided. 

5.  Purchasers  of  public  lands  are  required  to  pay  the  taxes  assessed  upon  the 
same  from  the  year  after  their  purchase,  even  though  they  have  not  completed 
the  payments. 

The  foregoing  is  quite  a  full  resume,  United  States.  Consul 
Baker  says,  of  the  laws  in  reference  to  the  sale  of  the  public  lands 
of  the  Argentine  Republic.  Now,  in  regard  to  the  extent  and 
character,  he  adds,  of  the  unoccupied  Government  territory,  it  is 
rather  a  difficult  matter  to  give  exact  or  even  approximate  figures. 
I  can  only  repeat  the  following  table,  heretofore  compiled  by  me, 
which  gives  the  superficial  area  of  the  different  provinces  and  ter- 
ritories and  the  amount  of  land  now  estimated  to  be  under  culti- 
vation. 


ARGENTINE    REPUBLIC.  1  5 

Table  showing  tfu  total  area  and  the  area  under  cultivation  in  the  Argentine  Republic^. 


Provinces  and  territories. 


Area  under  cuU 
tivation. 


Total  area. 


Provinces : 

Buenos  Aires 

Sant.T  Fe 

Entre  Rios 

Corrientes 

Cordova 

San  Luis 

Mendoza 

San  Juan 

Rioja 

Catamarca 

Santiago  del  Estero. 

Tucuman 

Salta 

Jujuy 

Territories : 

Missiones 

Formosa 

Chaco 

Pampa 

Neuquen  

Rio  Negro . . . 

Santa  Cruz 

Chubut 

Terra  del  Fuego. . . . 


Hectares. 

868,  658 

536,  537 

136.  151 

46,631 

234.  395 

79.  630 

88, 546 

79.  630 

22,  217 

44,  618 

120,  400 

35.943 

38. 525 

18,994 

4,606 

6co 

3.623 

5.964 


I,  291 


Hectares. 
31,  123,  700 
13,  158,  200 

7,  545,  700 

8,  114,  800 
17,476,700 

7,591,700 
16,081,  300 

9,  750,  500 

8,  903,  000 

9,  064,  400 

10,  335.  500 
2,  419,  900 

12,  826,  600 

4,  528,  600 

5,  395,  400 

11,  567,  100 

12,  483,  400 
14,491,900 
10,  908,  100 
21,  216,  300 
27,  691,000 
24,  733,  100 

2,  104,  800 


Total 


2.359.958     289,429,841 


Of  the  territories  designated  above,  it  is  necessary  to  explain  that  Formosa  is 
a  part  of  the  Chaco,  and  that  Neuquen,  Rio  Negro,  Santa  Cruz,  Chubut,  and 
Terra  del  Fuego  comprise  what  has  heretofore  gone  under  the  name  of  Pata- 
gonia. Of  these  territorial  areas  the  greater  part  is  still  in  the  hands  of  the 
National  Government.  The  lands  of  the  Chaco,  Formosa,  Missiones,  and  the 
Pampa  are  to  a  large  extent  suitable  for  farming,  while  it  is  only  in  certain  lo- 
calities that  the  territories  of  Patagonia  are  suitable  either  for  farming  or  pas- 
toral purposes,  a  very  large  proportion  of  that  region  being  without  water  and 
without  grass,  and  hence  almost  valueless  for  any  purpose. 

There  are  no  preemption  or  homestead  laws  in  the  Argentine  Republic. 
Except  in  cases  where  such  lands  are  specially  designated  on  the  plats,  there 
is  no  distinction  in  the  sale  or  settlement  of  mining,  timber,  mineral,  or  agri- 
cultural lands.  There  is  no  distinction  made  in  the  public  land  laws  between 
citizens  and  aliens. 


l6  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

PROVINCIAL    LANDS. 

In  reference  to  the  provincial  lands.  United  States  Consul 
Baker  says : 

All  the  unsold  lands  in  the  different  provinces  are  the  property  of  the  re- 
spective provinces  and  subject  to  sale  under  such  regulations  and  on  such  terms 
as  the  laws  of  each  one  provide.  Of  the  lands  not  under  cultivation  or  pas- 
turage in  the  different  provinces  it  is  not  possible  for  me  to  say  how  much  is  in 
the  hands  of  purchasers  and  how  much  is  still  owned  by  the  provinces.  There 
is  no  doubt,  however,  that  the  greater  part  has  already  been  sold  to  private 
individuals  or  speculators,  and  that  the  character  of  what  remains  is  not  gen- 
erally adapted  to  farming  purposes. 

The  following  information,  in  regard  to  the  provinces  of  the 
Argentine  Republic,  extracted  from  the  "Manual  of  the  Immi- 
grant," will  be  found  of  interest: 

PROVINCE  OF  BUENOS  AIRES. 

This  province,  of  temperate  climate,  has  a  soil  eminently  adapted 
for  agricultural  purposes  and  for  cattle  breeding,  consisting  chiefly 
of  those  fertile  plains  which  are  known  there  under  the  name  of 
"pampas."  Horned  cattle,  horses,  and  sheep  are  raised  here  in 
enormous  quantities,  and  abundant  crops  of  wheat,  maize,  alfalfa, 
and  other  valuable  productions  are  gathered  without  difficulty. 
The  business  of  the  farmer  and  of  the  cattle-raiser  are  considerably 
facilitated  by  the  railroads,  telegraphs,  and  other  means  of  easy 
communication  which  abound  in  the  province.  A  good  laborer, 
even  if  he  takes  no  money  to  Buenos  Aires,  may  in  about  eight 
years  of  employment  in  agriculture  find  himself  in  a  quite  inde- 
pendent Dosition  and  the  owner  of  a  good  home. 

There  as  in  all  the  other  provinces  of  the  Argentine  Republic, 
a  well-organized  system  of  public  schools  is  fully  in  operation, 
and  the  settler  therefore  finds  no  difficulty  in  securing  for  his 
family  educational  advantages  of  the  highest  character.  In  this 
province,  which  is  the  largest,  the  wealthiest,  and  the  most  populous 


ARGENTINE    REPUBLIC.  I  7 

of  the  Republic,  no  immigrant,  whatever  his  nationality  may  be, 
ever -fails  to  find  occupation,  at  the  average  wages  of  $1.25  per 
day. 

PROVINCE  OF  SANTA    FE. 

The  province  of  Santa  Fe,  which  borders  upon  that  of  Buenos 
Aires  is  essentially  agricultural.  Its  port,  Rosario,  on  the  Parana 
River,  is  a  flourishing  commercial  center,  through  which  immense 
quantities  of  cereals  and  other  articles  are  constantly  exported. 
The  immigrant  may  be  sure  to  find  occupation  as  soon  as  he 
enters  this  province,  and  if  he*  is  willing  to  settle  in  any  of  the 
colonies  already  established  there,  he  will  need  only  a  short  time 
to  secure  for  himself  an  independent  position. 

PROVINCE  OF  ENTRE  RIOS. 

The  province  of  Entre  Rios,  which  has  been  called  also  the 
Argentine  Mesopotamia,  both  on  account  of  its  rivers  and  other 
topographical  conditions  and  of  its  fertility,  offers  a  vast  field  for 
the  immigrant.  Cattle-raising  and  agriculture  are  the  chief 
branches  of  industry,  and  the  colonies  established  there  have  given 
and  are  still  giving  the  most  favorable  results. 

A  number  of  slaughterhouses  and  meat-salting  establishments 
are  found  on  the  banks  both  of  the  Uruguay  and  the  Parana 
Rivers,  and  a  commerce  *of  tasajo  (jerked  beef)  of  considerable 
importance  is  made  through  these  places.  Communication  with 
the  capital  of  the  Republic  and  with  foreign  countries  is  very 
easy,  as  steamers  are  constantly  going  up  and  down  the  rivers 
above  named. 

PROVINCE  OF  CORRIENTES. 

Corrientes  is  a  region  eminently  fitted  for  breeding  cattle  and 
for  the  raising  of  tropical  productions.  Sweet  oranges,  which 
grow  there  almost  without  any  cultivation,  constitute  a  trade  of 
considerable   importance.     Sugar   plantations,  too,  have  proved 

Bull.  53 2 


l8  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

successful.     Intelligent  labor  and  enterprise  are  sure  to  find  ample 
reward  in  this  province. 

PROVINCE  OF  CORDOBA. 

The  province  of  Cordoba,  whose  capital,  the  city  of  Cordoba, 
one  of  the  oldest  of  the  country,  is  the  site  of  a  famous  university, 
which  has  been  in  existence  for  over  a  century,  is  gifted  with  a 
delightful  climate  and  with  the  most  excellent  facilities  for  cattle- 
raising  and  agriculture,  as  well  as  for  mining  enterprise.  The 
blankets  of  Cordoba  are  much  celebrated  in  the  country,  and  are 
generally  preferred  to  those  imported  from  abroad. 

This  province  is  destined  to  enjoy  a  great  future,  and,  if  immi- 
gration goes  on  and  increases  as  is  to  be  hoped,  its  wealth  will 
greatly  increase.  The  population  is  quite  large  now,  but  there  is 
still  a  great  abundance  of  "good,  cheap  land  which,  in  intelligent 
and  enterprising  hands,  would  yield  enormous  orofits. 

PROVINCE  OF  SANTIAGO. 

The  province  of  Santiago,  or,  as  it  is  more  properly  called, 
Santiago  del  Estero,  offers  also  the  greatest  facilities  for  agricul- 
ture and  cattle-raising  which  can  be  desired.  Life  in  that  section 
is  delightful;  the  winters  are  mild,  and  in  the  summer  the  heat  is 
mitigated  by  cool  breezes  arising  from  the  Dulce  and  the  Salado 
rivers. 

PROVINCE  OF  TUCUMAN. 

There  is  nothing  more  picturesque  and  more  beautiful  than  the 
landscape  of  Tucuman;  it  was  rightly  called  the  garden  of  the 
Republic.  It  contains  magnificent  mountains,  covered  on  their 
tops  with  snow  and  on  their  skirts  with  the  most  luxuriant  vege- 
tation. From  these  mountains  many  rivers  start  to  water  and 
fertilize  the  surrounding  territory.     Laurel   and  cedar  trees  are 


ARGENTINE    REPUBLIC.  I9 

often  found  there  which  measure  no  less  than  8  yards  in  circum- 
terence  and  are  tall  in  proportion. 

The  current  ot  immigration  is  to  a  great  extent  directed  toward 
this  province.  Its  climate  and  the  exceptional  beauty  of  its 
vegetation  powerfully  attract  to  it  foreign  immigrants,  who  see  at 
once  the  immense  advantages  they  can  derive  from  settling  there. 
For  a  long  time  immigrants  will  continue  to  find  at  Tucuman 
not  only  gcx)d  employment  and  highly  remunerative  salaries,  but 
kind  people,  whose  generosity  and  hospitality  have  become  pro- 
verbial. 

PROVINCE  OF  SALTA. 

Close  to  Bolivia,  in  the  northern  part  of  the  Republic,  is  the 
province  of  Salta.  Its  inhabitants  are  principally  engaged  in  ag- 
riculture and  cattle-raising  and  have  developed  a  large  trade, 
especially  of  mules  and  horned  cattle,  with  Chile  and  Bolivia. 

PROVINCE  OF  INJUY. 

West  of  the  province  of  Salta,  and  exactly  in  the  northwestern 
corner  of  the  Republic,  bordering  upon  Bolivia  and  Chile,  is  the 
province  of  Injuy,  whose  climate  is  cold  and  whose  lands  are 
generally  fit  for  nothing  more  than  the  accommodation  and  sup- 
port of  vast  herds  of  cattle.  This  province  has  a  great  prosperity 
in  store  for  it,  owing  to  the  petroleum  deposits  which  have  been 
discovered.  If  properly  worked  by  sufficient  number  of  laborers, 
this  petroleum  business  will  successfully  compete  with  that  of  the 
United  States. 

PROVINCE  OF  CATAMARCA. 

The  province  of  Catamarca,  whose  capital,  the  city  of  the  same 
name,  has  already  a  population  of  over  12,000  inhabitants,  is  a 
flourishing  and  attractive  region.  The  immigrants  who  go  there 
and  settle  will  soon  make  fortunes.     The  cost  of  living  is  very 


20  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

small  and  wages  are  high.  Besides  agriculture  and  the  other 
branches  connected  with  it,  the  inhabitants  of  this  region  devote 
their  energies  and  capital  to  the  development  of  the  mining  wealth 
of  their  soil.     Silver  and  copper  are  abundant. 

PROVINCE  OF  LA  RIOJA. 

The  province  of  La  Rioja  has  become  famous  for  the  abun- 
dance of  silver  which,  it  is  said,  is  found  in  its  mines;  but  it  is  also 
an  agricultural  country  and  colonists  will  find  there  ample  field 
to  secure  comfort  and  prosperity. 

PROVINCE  OF  SAN  JUAN. 

San  Juan  is  also  an  agricultural  province.  Viticulture  is  one 
of  its  especial  features,  and  it  is  carried  on  so  successfully  that  the 
San  Juan  wines  and  brandy  favorably  compete  with  the  imported, 
and  are  generally  used  throughout  the  whole  country.  There  is 
ample  room  in  this  province  for  industrious  foreigners. 

PROVINCE  OF  MENDOZA. 

The  principal  trade  of  the  province  of  Mendoza  consists  in 
cattle,  a  large  number  of  which  are  yearly  sent  to  Chile  over  the 
Cordillera.  It  is  a  fertile  country,  which  invites  immigration  with 
no  less  profit  and  advantage  to  both  the  immigrant  and  the  nation 
than  the  other  sections. 

PROVINCE  OF  SAN  LUIS. 

The  people  of  this  province  are  generally  engaged  in  cattle- 
breeding  and  in  agricultural  pursuits.  The  soil  is  of  extreme  fer- 
tility and  the  pastures  are  said  to  be  exceptionally  good.  The 
Andine  Railroad  crosses  this  province  and  has  a  station  at  each 
city  of  impoftance. 


Bolivia. 


The  efforts  which  the  Government  of  this  rich  and  interesting 
Republic  has  thus  tar  made  to  invite  immigration,  both  by  pro- 
moting and  .encouraging  the  formation  of  stock  companies  to  be 
engaged  in  that  business  and  by  enacting  liberal  laws  of  immigra- 
tion and  colonization,  have  not  met  with  much  success.  Whether 
it  is  because  of  the  interior  position  of  the  country,  especially  since 
the  war  with  Chile,  which  deprived  Bolivia  of  her  ports  on  the 
Pacific,  or  because  of  the  wars  and  revolutions  which  have  afflicted 
her,  or  for  other  reasons,  the  fact  is  that  immigration  there  has  been 
insignificant,  and  Bolivia's  increase  in  population  shows  hardly  a 
natural  average. 

In  the  annual  message  sent  to  the  Bolivian  Congress  by  Presi- 
dent Arce,  on  the  6th  of  August,  1891,  the  following  is  said: 

To  properly  attend  to  the  colonization  of  the  feitile  territory  of  the  province 
of  Beni,  orders  have  been  given  for  the  construction  of  a  fort,  with  all  the  re- 
quired dependencies,  at  the  confluence  f^(  the  Itonoma  and  Machupo  rivers. 
The  garrison  of  Fort  San  Matias  has  also  been  reinforced,  as  suggested  by  the 
prefect  of  Santa  Cruz,  and  in  this  way  thxise  regions  will  be  protected  against 
Indian  incursions. 

In  the  same  year,  1891,  a  pamphlet  was  printed  at  La  Paz, 
under  the  title  of  "Notes  and  Information  on  the  Splendid  Busi- 
ness which  can  be  Undertaken  in  Bolivia  with  United  States 
Capital,"  the  scope  of  which  embraces  the  establishment  of  banks, 
building  associations,  and  other  enterprises,  which,  while  develop- 
ing the  resources  of  the  country,  will  also  attract  immigration. 

It  is  to  be  hoped  that  all  steps  taken  in  this  direction  will  fully 

correspond  to  the  patriotic  purposes  of  the  Bolivian  Government 

and  people. 

21 


Brazil. 


The  question  of  immigration  and  colonization  has  always  been 
given  by  the  legislators  of  Brazil  all  the  prominence  which  it 
deserves,  both  under  the  Empire  and  the  Republic.  Long 
before  the  abolition  of  slavery,  patriotic  Brazilians  had  clearly 
seen  that  the  future  of  their  country  depended  largely  upon 
healthy  and  successful  colonization,  and  as  far  back  as  1818, 
1824,  and  1830  earnest  efforts  were  made  to  bring  over  to  Brazil 
European  colonists,  principally  from  Switzerland  and  Germany, 
and  to  introduce  with  them  European  agricultural  methods  and 
all  kinds  of  scientific  and  industrial  improvements. 

The  Economist,  of  Rio  Janeiro,  published  not  long  ago  statisti- 
cal information  of  the  greatest  interest  in  regard  to  this  movement 
from  1855  to  the  30th  of  May,  1891.  It  appears  that  during  this 
period  965,105  immigrants  arrived  in  Brazil,  of  which  81,792  were 
during  the  five  months  from  January  to  May,  1891.  As  the 
study  of  these  figures  in  detail  may  be  found  instructive,  they  are 
here  reproduced: 


Immigration  from  i8£S  ^^  May  So,  i8gi. 


1855    11.597 

1856 13,800 

1857 14.194 

1858 18,252 

1859 19.695 

i860  14, 915 

1861  12, 747 

1862 12,  666 

22 


1S63 
1864 
1S65 
1866 


7.434 
7,  600 
5.952 
7.  2S1 


1S67 ID,  032 

1S6S 8,355 

1869 9,527 

1870 4.556 


BRAZIL. 


23 


Immigration  from  i8j$  to  May  jo,  iSgi — Continued. 


1871     6, 275 

1872 17.745 

1873  13,932 

1874 I9»942 

1875 11,001 

1876 30.  567 

1S77 29,  029 

1S78 22,423 

1879 22,  189 

18S0 .  29,  729 

1881 11,054 


1882 27,  197 

1883  28, 670 

1884 20,087 

1885 30.135 

1886 25,  741 

1887 54.  990 

1888 131.745 

1889 65,  161 

1890 107,  100 


Total 965,  107 


.  It  can  be  seen  from  this  statement  that  from  1863  to  1871  the 
tide  of  the  immigration  subsided  considerably,  which  was  due,  as 
explained  in  the  Hand  Book  of  Brazil,  Bulletin  No.  7  of  the 
Bureau  of  the  American  Republics,  to  the  interference  of  Euro- 
pean governments  owing  to  complaints  made  against  the  contract 
system  which  was  then  generally  in  use.  While  slavery  existed 
as  a  legal  institution  of  the  country  it  was  naturally  difficult  to 
afford  free  labor  all  the  necessary  guarantees  and  prevent  contract- 
ors and  employers  from  unduly  exceeding  their  authority. 

The  131,745  immigrants  in  1888,  107,100  in  1890,  and  81,792 
in  the  first  five  months  of  1891,  are  no  doubt  an  encouraging 
indication  of  the  success  which,  under  freedom  for  all  men  and 
republican  institutions,  awaits  Brazil  in  this  .respect  as  well  as  in 
all  others. 

The  107,100  immigrants  of  1890,  classified  by  nationalities, 
were  as  follows: 


Italians 31,  275 

Russians  and  Poles 27,  125 

Portuguese 25,  174 

Spaniards 12, 008 

Germans 4,  812 

French 2,  844 

Austrians..' 2,246 


Swedes 

Belgians 

Swiss 

All  other  nationalities 


356 
30S 

254 

698 


Total 107,  100 


24  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS, 

The  8^,792  of  the  first  five  months  of  1891,  distributed  in  the 
same  way,  are  as  follows: 


Italians 31,  663 

Russians  and  Poles 10,  298 

Portuguese 19,  3S8 

Spaniards '. 11,  428 

Germans 1,911 

French , i,  022 

Austrians 3,  099 

Swedes 340 

Belgians 309 


Swiss 76 

English I,  500 

Danes 42 

From  the  United  States '     16 

From  Holland 12 

All  other  nationalities 790 


Total 81,  792 


Out  of  these  81,792  immigrants,  49,984  were  agriculturists. 

In  the  above-mentioned  Hand  Book  of  Brazil  a  short  account 
was  given  of  the  principal  colonies  which  have  been  founded  in 
Brazil  since  1824.  It  will  properly  complete  what  has  been 
said  in  the  preceding  pages  and  so  is  repeated  here.  It  reads  as 
follows  : 

COLONIES. 

In  1824  was  founded,  in  the  then  province  of  Rio  Grande  do  Sul,  the  German 
colony  of  Sao  Leopoldo,  with  a  beginning  of  126  persons. 

The  present  population  of  this  rural  district  is  40,000.  This  colony  was 
established  by  Pedro  I,  and  may  be  considered  as  the  prolific  mother  of  the 
German  colonies  in  Southern  Brazil.  The  colony  suffered  terribly  during  the 
revolt  and  civil  war  which  raged  in  Rio  Grande  do  Sul  from  1835  to  1845,  and 
the  town  of  Sao  Leopoldo,  in  1846,  was  a  heap  of  ruins;  but  with  the  return 
of  peace  the  era  of  prosperity  began,  and  its  growth  in  wealth  and  population  has 
since  been  uninterrupted.  To  the  solid  prosperity  of  the  settlements  of  which 
Sao  Leopoldo  is  the  mother  and  center,  the  witnesses  may  be  found  in  the  many 
sawmills,  oil  presses,  breweries,  tanneries,  distilleries,  sugar  mills,  manufactories 
of  cloths,  hats,  firearms,  iron  works,  etc.  The  exportation  of  butter,  cheese, 
eggs,  and  leather  is  considerable. 

Out  of  this  colony  forty-three  others  have  sprung  and  formed  settlements  in 
Rio  Grande  do  Sul,  mostly  about  Sao  Leopoldo  as  a  center. 

The  colony  of  Santa  Cruz,  founded  in  1849, -under  the  auspices  of  the  Pro- 
vincial Government,  with  13  persons,  had  grown  in  1877  to  988  families  and 
a  total  population  of  5,083.  They  are  Germans,  and  cultivate  tobacco,  which 
constitutes  one-third  of  their  products,  corn,  rice,  flax,  beans,  sugar  cane,  the 
vine,  etc. 


BRAZIL.  25 

The  most  interesting  and  important  colony  in  Santa  Catharina  is  that  of  Blu- 
menau,  founded  in  i860  by  Dr.  Herman  Blumenau,  afterwards  transferred  to 
the  Imperial  Government,  receiving  on  its  incorporation  into  the  system  of  col- 
onies, the  name  of  Itajahy.  Its  population,  together  with  that  of  the  district 
of  Itajahy,  was  in  1877,  about  11,000. 

The  colony  of  D.  Francisca,  founded  by  the  state  in  1847,  has  a  population 
of  about  7,000. 

The  above-named  colonies  are  chiefly  of  German  origin,  but  the  colonists  arc 
nearly  all  naturalized  Brazilians,  and  devote  tnemselves  to  the  cultivation  of 
tobacco,  sugar,  grains,  the  vine,  and  to  the  manufacture  of  such  articles  as  are 
needed  among  themselves. 

The  following  list  embraces  all,  or  nearly  all,  the  other  settlements  made  by 
foreigners  in  Brazil : 

Santarem  in  the  State  of  Para,  about  8  miles  from  the  city  of  the  same  name, 
midway  between  Pari  and  Mangos,  on  the  Amazon ;  settled  by  immigrants  from 
the  United  States  and  Great  Britain.  It  consisted  in  1877  of  93  personsf  and 
can  not  be  said  to  be  in  a  prosperous  condition. 

The  colonies  of  Theodoro,  Rio  Branco,  Moniz,  and  Carolina,  in  the  State 
of  Bahia,  founded  by  private  enterprise,  have  been  taken  into  the  system  or 
state  colonies.  Their  success  has  not  been  commensurate  with  the  expectations 
of  their  founders,  and  their  total  population  in  1877  was  only  about  300. 

Santa  Leopoldina,  in  the  State  of  Espirito  Santo,  situated  about  30  miles  from 
Victoria,  on  the  river  Santa  Maria,  has  a  population  of  over  5,000,  of  whom 
the  greater  part  are  Germans,  with  many  Italians,  some  Swiss  and  Dutch,  They 
cultivate  coffee,  the  sugar  cane,  cereals,  potatoes,  etc.  In  1874  ^^^  colony  ex- 
ported 2,260,720  pounds  of  coffee. 

The  colony  of  Rio  Novo,  in  the  same  State,  is  situated  about  7  miles  from 
the  port  of  Itapemerim.  It  belongs  to  the  State,  and,  according  to  the  most 
recent  data,  has  a  population  of  about  1,500.  The  exportation  of  coffee  in 
1874  was  to  the  value  of  $105,650.  The  colony  of  Sao  Jos6  do  Tyrol,  settled 
by  the  Tyroleans,  in  the  same  State,  and  annexed  to  the  preceding,  occupies  a 
fertile  locality,  producing  excellent  coffee  and  grains.  Its  population  is  esti- 
mated at  500.  The  district  in  which  it  is  situated  is  traversed  by  two  navigable 
rivers. 

The  colony  of  Mercury,  in  the  State  of  Minas-Geraes,  has  a  population  of 
about  800  Germans.  Its  exportation  of  cofl^se,  bacon,  rice,  meal,  and  tobacco- 
in  1874,  amounted  to  $85,200.  Its  shipments  are  made  from  the  river  port  of 
Santa  Clara,  which  is  reached  by  a  wagon  road. 

Porto  Real  is  a  colony  composed  of  Italians,  French,  and  Swiss,  and  is  situ, 
ated  about  3  miles  from  a  station  on  the  National  Railroad,  in  the  State  of  Rio 


26  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

de  Janeiro.  It  has  400  inhabitants,  who  cultivate  coffee,  sugar  cane,  maize,  rice, 
potatoes,  beans,  and  mandioca. 

The  colony  of  Cananea,  in  the  State  of  Sao  Paulo,  situated  a  short  distance 
from  the  town  of  the  same  name,  has  a  population  of  about  500,  principally 
English.  The  colonists  cultivate  tobacco,  sugar  cane,  and  cereals.  It  is  14 
miles  from  the  coast,  or  port  of  Cananea,  whose  harbor  has  a  depth  of  10  feet. 

The  colony  of  D'Assunguy,  in  the  State  of  Parana,  has  about  2,000  inhab- 
itants of  various  nationalities,  who  cultivate  principally  tobacco  and  sugar  cane. 
Its  exports  in  1874  amounted  to  ^34,080. 

Santa  Maria  da  Soledade  is  a  colony  in  Rio  Grande  do  Sul,  with  a  popula- 
tion of  3,000,  and  is  situated  10  miles  from  the  port  of  Guimaraes,  with  which 
it  has  communication.  Its  products  are  maize,  rice,  beans,  potatoes,  wheat, 
rye,  etc. 

The  above-named  colonies  belong  to  the  State  system,  and,  in  accordance  with 
the  provisions  of  a  law  promulgated  in  1867,  are  administered  by  directors 
named  by  the  State.  Under  the  provisions  of  this  law  the  newly  arrived  immi- 
grants are  lodged  and  fed  in  establishments  for  that  purpose  while  awaiting 
transportation  to  the  lands  allotted  to  them.  On  taking  possession  of  his  land 
the  settler  is  furnished,  at  his  request,  with  food  for  10  days,  the  sam^  to  be 
paid  for  by  him  after  discharging  his  other  indebtedness  for  sums  advanced.  He 
receives  also  the  sum  of  $1  1  for  himself  and  for  each  member  of  his  family 
between  10  and  50  years  of  age;  he  is  furnished  also  with  seeds  for  his  first 
plantings,  the  necessary  implements  of  tillage,  a  temporary  house,  and  10  acres 
of  cleared  forest  land;  but  is  debited  with  the  amount  of  these  advances,  the 
land  being  charged  at  the  rate  of  86^  cents  per  acre  for  country  lots,  and  about 
double  that  rate  for  village  lots.  The  payment  is  to  be  made  in  four  annual 
installments,  the  first  of  which  is  payable  two  years  after  the  buyer's  taking  pos- 
session of  the  land. 

A  deduction  of  6  per  cent  is  made  to  settlers  who  make  payments  in  advance 
of  the  fixed  dates  of  payment. 

In  every  colony  there  is  a  primary  school  for  the  children  of  each  sex,  and  a 
priest  and  Protestant  pastor  for  religious  purposes. 

There  are  several  colonies  in  Santa  Catharina  and  Rio  Grande  do  Sul  estab- 
lished by  aid  of  the  Government  of  these  States,  and  one  in  Bahia,  which  con- 
tains 500  inhabitants. 

The  State  of  Sao  Paulo  has  1  1  colonies  founded  by  individual  enterprise,  but 
they  are  all  small  in  population.  They  havt  been  established  on  the  lands  of 
large  proprietors,  under  contract,  by  which  the  colonists  cultivate  specified  areas 
of  land,  either  for  stated  salaries  or  a  certain  part  of  the  crops  raised.  The 
results  of  this  system  have  not  always  been  satisfactory. 


hRAZlL.  27 

The  State  Department  of  the  United  States  of  America,  by  a 
circular  dated  February  10,  1891,  addressed  to  the  United  States 
consuls  in  the  different  parts  of  the  nations  of  this  hemisphere, 
asked  information  on  several  points  concerning  immigration  and 
public  lands  in  their  respective  districts.  Mr.  Charles  Negley, 
United  States  consul  at  Rio  Grande  do  Sul,  in  answer  to  a  cir- 
cular from  the  Department  of  State,  submitted  the  following  re- 
port on  immigration  and  public  land  laws  in  his  district: 

United    States  Consulate, 
Rio  Grande  do  Sul,  June  22,  1^91. 

Sir:  In  reply  to  the  circular  of  February  10,  1891,  issued  by  the  State  De- 
partment concerning  public  lands  and  immigration,  I  beg  to  premise  that  the 
laws  of  Brazil  on  these  subjects  ar«  now  in  a  state  of  transition.  Since  the  procla- 
mation of  the  Republic  new  regulations  bearing  upon  immigration  have  been 
decreed,  and  recently  the  minister  of  agriculture  has  taken  steps  to  reorganize 
the  service  of  immigration  and  colonization.  In  regard  to  the  public  lands,  the 
Government  has  appointed  a  commission  to  take  the  matter  in  hand,  so  that 
shortly,  in  all  probability,  the  laws  on  this  subject  will  be  reformulated. 

Under  the  Empire  the  provincial  governments  were  mere  executi^^e  branches 
of  the  central  power,  but  now  each  province  has  become  an  independent  State. 
Whether  under  the  circumstances  the  public  lands  will  become  the  property  of 
the  individual  State,  or  remain  under  the  control  of  the  General  Government, 
or  be  divided  between  them  as  in  the  United  States  of  America,  is  an  unsettled 
question. 

In  the  meantime  the  laws  of  the  Empire  remain  in  force,  except  when  they 
have  been  modified  or  repealed  by  decrees  of  the  Provisional  Government ;  and 
they  will  be  the  law  of  the  country  until  altered  or  repealed  by  the  national 
Congress. 

Taking  up  now  the  inquiries  of  the  circular  in  order,  I  shall  answer  them  to 
the  best  of  my  information. 

1.  What  are^the  laws  of  the  country  in  which  you  are  located  respecting  the 
sale  and  the  settlement  of  the  public  lands? 

They  are  the  same  as  existed  under  the  Empire  and  are  given  in  Exhibit  A., 
accompanying  this  report.  Independent  of  these  laws  the  Government  through 
its  immigration  service  is  establishing  colonies  on  the  public  lands  in  this  State. 
Each  immigrant  is  allotted  302,500  square"  meters  of  land  at  prices  varying  ac- 
cording to  the  locality,  for  which  payment  is  required  in  annual  installments 
cojnmencing  from  the, second  year.      Within  seven  years  the  property  should  be 


28  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

paid  for,  but  in  a  large  number  of  cases,  even  when  the  occupants  have  failed  to 
pay  all,  they  have  been  released  by  the  Government. 

2.  What  is  the  extent  of  the  unoccupied  Government  territory  and  what  is 
its  character  ? 

The  State  of  Rio  Grande  do  Sul  has  a  territory  of  236,553  square  kilometers. 
As  the  Government  lands  have  never  been  surveyed  in  this  State  it  is  impossible 
,to  give  the  extent  of  the  unoccupied  territory.  It  is  known,  however,  to  be 
comparatively  small,*  and  lies  principally  in  the  northwest  section  of  the  State. 
Upon  the  Alto  Uruguay  are  extensive  tracts  of  unoccupied  Government  lands, 
possessed  of  a  good  soil,  finely  timbered  and  well  watered,  but  as  yet  without 
communication  of  any  kind.  The  balance  of  the  Government  land  is  of  less 
value.  The  choice  lands  have  long  since  been  taken  up  or.  are  claimed  by  private 
persons. 

The  General  Government  has  recently  enacted  a  law  which  requires  all  the 
lands  of  Brazil  to  be  surveyed  and  divided  infb  regular  sections.  Every  person 
owning  land  will  then  be  obliged  to  register  it  according  to  these  sections,  and 
all  the  land  that  is  not  so  registered  will  belong  to  the  Government.  As  yet 
this  law  has  not  been  put  into  execution  in  this  State. 

3.  Is  there  any  limit  to  the  amount  of  land  that  may  be  secured  by  purchase, 
lease,  or  colonization  ? 

Under  the  general  land  laws  no  limit  is  specified  to  the  amount  of  land  that 
may  be  secured  by  purchase  or  concession. 

In  the  colonization  of  immigrants  referred  to  in  the  first  answer,  the  lot 
allowed  to  each  person  contains  about  30  hectares  (hectare  ecjual  to  about  2% 
acres). 

According  to  the  new  immigration  regulations  (Exhibit  B),  which  offer  certain 
inducements  to  the  owners  of  private  lands  to  settle  immigrants  upon  them, 
under  prescribed  conditions,  the  lots  of  uncultivated  land  must  contain  1  5  hec- 
tares, and  of  cultivated  land  5  hectares  (art.  23).  The  regulations  do  not  limit 
an  immigrant  to  a  single  lot,  but  in  practice  he  doubtless  is  so  limited. 

In  February  last  a  State  decree  was  issued  providing  for  the  disappropriation 
of  private  lands  under  certain  conditions  (Exhibit  C).  According  to  this  law 
a  single  individual  is  not  permitted  under  any  circumstances  to  bold  more  than 
two  colonies,!  literally  translated,  or  homestead,  as  the  word  has  been  rendered 
in  the  translation  herewith.  The  size  of  one  of  these  homesteads  is  not  stated. 
(See  articles  7  and  8,  Exhibit  C] 

*One  writer  says  the  superficial  area  of  the  State  is  almost  8,570  square  leagues,  of 
which  between  1,500  and  2,000  leagues  are  wild  lands. 

f  Colono  is  a  farmer,  and  coronia  signifies  the  tract  of  land  which  he  farms.  The 
words  also  mean  colonist  and  colonv  as  we  use  the  terms,  but  not  so  here. 


BRAZIL.  29 

4.  Are  there  preemption  or  homestead  laws  ? 

Not  as  known  in  the  United  States.  In  special  cases  there  are  gratuitous 
distributions  of  land.  (See  Exhibit  A,  section  21.)  Ordinarily,  however,  the 
lands  are  sold  on  long  terms.  (See  Exhibit  A,  section  21  ;  Exhibit  B,  art.  9; 
and  Exhibit  C,  art.  6.) 

5.  What  distinction  is  made  in  the  sale  or  settlement  of  mining,  timber,  and 
agricultural  lands.' 

A  distinction  is  made  between  mining'and  mineral  lands  on  the  one  hand,  and 
agricultural  and  timber  lands  on  the  other.  For  the  laws  respecting  the  former, 
reference  is  made  to  the  report  on  that  subject  in  answer  to  the  State  Depart- 
ment circular  of  February  6,  1890.  Roughly  speaking,  the  difference  between 
mineral  lands  and  agricultural  lands  is  that  the  former  are  only  leased  and  the 
number  and  extent  of  mining  grants  are  limited,  while  the  latter  are  sold  in  fee 
and  no  limit  fixed,  except  under  the  immigration  laws  and  regulations  and  the 
decree  providing  for  the  disappropriation  of  private  lands. 

6.  What  is  the  price^nd  recognized  value  of  such  lands? 

As  the  agricultural  lands  are  sold  at  auction  or  upon  special  offers,  or  are  dis- 
posed of  by  concessions  from  the  Government,  it  is  impossible  to  give  any  definite 
price  as  to  the  value  of  such  lands.  There  is  a  fixed  minimum  price,  which 
varies  according  to  the  locality. 

According  to  the  immigration  regulations  Exhibit  B,  article  ^4,  lots  of  1  5 
hectares  of  uncultivated  land  must  be  sold  to  immigrants  at  a  maximum  price 
of  2i;,ooo  reis  per  hectare,  and  cultivated  lands  at  50,000  reis  per  hectare.  Also 
concessionaires  of  land  under  this  act  are  obliged  to  pay  1,033  ""^'^  P^*"  liectare. 
{See  Exhibit  B,  article  40.) 

7.  Is  any  distinction  made  in  the  public-land  laws  between  citizens  and  aliens.' 
None  under  the  land  laws  proper.  Under  the  immigration  regulations  a  dis- 
tinction is  made  in  favor  of  the  foreign  immigrants  for  whom  the  benefits  are 
-chiefly  intended.  A  proportion  of  natives  may  be  admitted  to  these  favors,  not 
exceeding  25  per  cent  of  the  whole  number  of  immigrants.  (See  Exhibit  B, 
section  42.) 

8.  What  attempts  have  been  or  are  being  made  by  the  Federal  Government 
■or  the  provincial  authorities  to  encourage  immigration,  and  how  far  have  they 
been  successful  ? 

The  Brazilian  Government  began  to  encourage  immigration  as  far  back  as 
1825,  but  a  few  years  afterwards  abandoned  these  efforts  on  account  of  civil 
disturbance.  In  1846  renewed  efforts  were  made  to  bring  immigrants  into  the 
country,  and  since  then  the  Government  has  lent  itself  to  the  encouragement  of 
immigration  with  varying  activity  |ind  success. 


30 


LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 


The  following  table  gives  the  number  of  immigrants  ^to  Brazil  and  the  State 
of  Rio  Grande  do  Sul  since  1880: 


Year. 


1881, 
1882. 
1883. 
1S84. 
1885. 
1886. 
1887. 
1S88. 
1889. 
1890. 


Brazil. 


29,  729 
11.054 

27.  197 

28,  670 
20,  087 

30,  135 
25.  741 
54.  990 

f3i,745 
65.157 


Rio  Grande 
do  Sul. 


3.549 
4,402 

1.985 
4.643 
3.597 
5.328 
4.927 
9»366 
19.485 


Senhor  Rocha  Fraga,  agent  of  immigration  in  this  city,  gives  the  following 
table  of  the  number  and  distribution  of  the  immigrants  to  this  State  for  the 
year  1890,  as  compared  with  that  of  1889:  * 

Immigration  in  i8go. 


Months. 


January. . . 
February. . 
March  . . . . 

April 

May 

June 

July 

August  . . . 
September 
October. . . 
November 
December. 


Rio  Grande. 

Pelotas. 

Porto    , 
Alegre. 

58 

27 

.  ■      285 

12 

12 

95 

13 

5 

375 

15. 

39 

944 

8 

17 

794 

5 

30 

470 

83 

33 

680 

30 

25 

673 

8 

48 

314 

125 

4 

2,  662 

197 

79 

5.651 

244 

24 

8,349 

Total. 


370 

119 

393 

998 

829 

506 

796 

728 

450 

2,791 

5.927 

8,617 


Immigration  in  i8Sg. 

Rio  Grande  do  Sul  (city) i,  274 

Pelotas 308 

Porto  Alegre 8,  404 

Total 9,  986 

The  present  efforts  of  the  Government  to  encourage  immigration  are  embodied 
in  the  new  immigration  regulations  (Exhibit  B)  and  in  the  state  decree  authoriz- 
ing the  disappropriation  of  private  lands  (Exhibit  C) ;  also  in  the  colonization 
of  the  public  lands  referred  to  in  the  first  answer.  Besides  the  land  allotted  as 
explained   in    the  said   answer,  the   passage  6i  the  immigrants  is   paid,  they  are 


BRAZIL. 


31 


fed  until  they  receive  their  land,  and  are  given  a  sum  not  exceeding  150,00c  reis 
with  which   to  build  a  home  and   tools  not  exceeding  50,000  reis,  all  of  which 
except  the  passage  money,  are  included  in  the  valuation  of  the  land.     They  also 
receive  medical  aid,  medicine  and  sick  diet  free. 

From  the  figures  above  given  it  would  appear  that  the  latest  measures  of  the 
Government  have  greatly  stimulated  immigration.  Notwithstanding  the  liberal- 
ity of  the  Government,  the  execution  of  these  laws  has  resulted  in  great  hardship 
to  the  immigrants,  not  to  say  in  positive  cruelty  on  the  part  of  contractors, 
whose  victims  have  suffered  by  reason  of  the  overcrowding  of  steamers,  poor 
and  insufficient  fare,  and  exposure  to  the  weather  before  and  after  arrival. 

9.  Where  do  the  immigrants  come  from,  and  what  is  their  character  and  con- 
dition? 

In  the  year  1888  the  State  of  Rio  Grande  do  Sul  received  4,927  immigrants. 
Their  nationalities  were  as  follows: 


Italians 4.  241 

Germans 277 

Portuguese 177 

Spaniards 133 

Austrians 44 

Hollanders 35 


Belgians. 
French  .  . 
Swiss  .  . . 
Russians 


Total 4,  927 


They  were  in  sex,  age,  and  estate  as  follows : 

Men , 2,  969 

Women 1.958 


Total 4,  927 

More  than  12  years  of  age .  .   3,  179 

Less  than  12  years i ,  748 


Total 4,  927 

Married i ,  262 

Single 3,  665 


Total 4,  927 


Italians 7,  629 

Spaniards 1,382 

Germans 423 

Portuguese 22S 

Austrians 

French  

Belgians 

Other  nationalities 


Total . 


59 
44 
27 
15 

9.807 


1S90. 

Russians 17,  000 

Spaniards 3,  000 

Italians i,  220 

Germans i.  070 

French 100 

Belgians 50 

Other  nationalities 84 


Total 22,  524 


32  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

The  majority  of  the  immigrants  who  came  to  this  State  last  year  were  Poles 
and  looked  to  be  a  hardy,  industrious  people,  but  apparently  with  little  or  no 
money  or  effects.  Their  condition  for  a  time  is  therefore  of  necessity  one  of 
great  privation  and  hardship.  The  accommodations  at  the  various  points  for 
the  receipt  and  distribution  of  immigrants  are  of  the  plainest  character,  and  the 
food  very  meager.  The  Government  provides  sufHcient  money  for  the  suste- 
nance of  immigrants,  but  the  administration  of  these  funds  is  so  defective  that 
the  immigrants  receive  but  a  tithe  of  what  was  intended  for  them.  The  mor- 
tality among  the  children  of  the  immigrants  is  very  large.  But  with  a  healthy 
climate  and  fertile  soil,  those  who  struggle  through  the  early  hardships  have 
every  prospect  of  improving  upon  the  conditions  of  life  they  left  behind  them. 

Charles  Negley, 

Consul. 


Exhibit  A. 

[From  the  Administrative  Law  of  Brazil,  by  Veiga  CabraL] 

1859. 

Sec.  14.  Organization  of  the  general  department  of  public  lands. —  The 
general  department  of  public  lands,  created  by  the  law  of  September  18,  1850, 
has  a  director  general  in  chief  of  the  department,  a  superintendent,  a  superior 
and  two  assistant  secretaries,  and  other  subordinate  employees,  the  said  depart- 
ment being  under  a  minister  of  the  Empire,  article  1  of  regulation  No.  1318  of 
January  30,  1854. 

Sec.  15.  Of  the  measurement  and  demarkation  of  the  public  lands. — The 
general  department  of  public  lands  is  charged  with  the  duty  of  the  measure- 
ment, division,  and  description  of  the  public  lands,  with  their  preservation,  with 
the  superintendence  of  the  sale  and  distribution  of  the  same  and  with  the  pro- 
motion of  national  and  foreign  colonization.  An  organization  and  regulations 
having  been  effected  in  accordance  with  the  decree  issued  by  the  minister  of  the 
Empire,  May  8,  1854,  there  were  created  inspectors  of  measurements  for  the 
districts,  in  order  to  measure,  demark,  and  describe  the  public  lands,  after  a 
preceding  contract  had  been  made  with  the  surveyors,  whenever  possible.  The 
inspector  should  run  an  actual  line  or  a  real  meridian  north  and  south  if  practi- 
cable ;  otherwise — that  is,  when  the  land  does  not  admit  of  this  method — the 
inspectors  should  trace  a  meridian  in  other  ways  known  to  science.  After  the 
proper  lines  have  been  traced,  measured,  and  marked  out,  the  inspector-general, 
having  previously  published   the   notices  treated  of  in  article   17,  Regulations, 


«R/ZIL.  33 

January  30,  1854,  will  form  squares  approximately  equivalent  to  a  square  of 
6,00c  bragas  or  of  two  leagues  on  a  side,  which  shall  have  the  name  of  territories 
and  be  divided  into  twelve  equal  parts  by  metes  and  bounds,  according  to  the 
form  of  article  14,  Regulation  of  May  8,  of  the  same  year,  to  the  end  that  the 
director-general  of  the  department  of  public  lands  may  propose  to  the  Govern- 
ment the  measures  laid  down  in  article  14  of  the  law  of  September  18,  1850, 
and  article  12,  Regulation,  January  30,  1854,  as  well  as  that  the  said  director, 
deputies,  and  inspectors-general  may  give  certified  copies  of  the  maps  and  memo- 
randa to  persons  who  desire  information  with  a  view  to  buying  lands. 

Sec.  16.  Special  department  of  public  lands  in  the  provinces. — Article  6, 
Regulations,  January  30,  1854,  created  in  the  provinces  a  special  department  of 
the  public  lands  lying  within  the  limits  of  the  said  provinces.  This  department 
is  subordinate  to  the  presidents  of  the  provinces  and  is  under  the  direction  of  a 
deputy,  a  director-general  of  public  lands,  and  a  superintendent,  whose  duty  it 
is  to  put  into  writing  all  questions  pertaining  to  the  public  lands,  and  to  furnish 
to  the  chief  deputy  of  the  general  department  all  the  knowledge  and  information 
that  may  be  demanded  for  the  good  of  the  service. 

Sec.  17.  Legalization  and  validation  of  titles  to  lands. — Subject  to  legaliza- 
tion are  the  following:  1st.  Pos-^essions  which  are  found  in  control  of  the  first 
occupant,  who  has  no  other  title  than  that  of  occupation,  znd.  Those  posses- 
sions which,  although  found  in  control  of  a  second  occupant,  have  not  been  ac- 
quired by  him  through  a  legal  title.  3rd.  Those  which,  although  in  control  of 
the  first  occupant  up  to  January  30,  1854,  have  since  been  alienated  against  the 
prohibition  of  article  1 1,  law  of  September  18,  1850,  which  forbids  the  owners  or 
land  who  derive  their  titles  by  effect  of  the  aforesaid  law  from  hypothecating  or 
alienating  the  said  lands  in  any  manner  whatever.  The  distributions  and  other 
concssions  of  the  Government,  general  or  provincial,  which  are  still  in  control 
of  the  first  donataries  or  concessionaries  may  be  made  valid,  if  the  lands  have 
been  cultivated,  or  a  beginning  of  cultivation  has  been  made*  and  the  occupants 
have  habitually  lived  upon  them ;  although  the  lands  have  not  been  measured  or 
marked  off",  except  where  these  conditions  have  been  dispensed  with  by  compe 
tent  authority,  as  well  as  in  the  case  of  lands  which  have  been  conceded  for  the 
establishment  of  colonies  and  have  been  measured  and  marked  off"  within  the 
period  named  in  the  concession. 

Sec.  18.  Practical  method  of  marking  out  private  possessions  from  the  pub- 
lic domain. — The  judge  commissioner,  appointed  by  the  president  of  the  prov- 
ince, having  been  presented  with  a  petition  of  information  designating  the  place 
in  which  is  located  a  possession,  distribution,  or  concession  from  the  Govern- 
ment, and  the  properties  bordering  on  it,  will  appoint  a  day  upon  which  the 
measurement  shall  commence,  summoning  by  official  notice  the  adjoining  land- 
Ball.  53 3 


34  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

holders,  and  administering  an  oath  to  the  respective  register  and  surveyor,  if  they 
have  not  yet  taken  an  oath;  he  will  cause  to  be  drawn  up  the  boundary  lines,  in 
which  proceedings  shall  appear  the  posting  of  the  notices  and  delivery  of  the  let- 
ters of  summons  to  the  adjoining  landowners.  This  being  done  he  declares  the 
case  open  for  hearing  and  officially  decides  the  petitions,  verbal  or  written,  which 
are  presented  to  him,  and  then  proceeds  to  a  measurement  in  the  manaer  laid 
down  in  articles  41  to  46,  Regulations  of  June  30,  1854.  All  questions  of 
doubtful  facts,  none  being  excepted,  are  submitted  to  the  decision  of  arbitrators; 
and  the  judge  thereupon  renders  his  decision  in  regard  to  the  rights  of  donataries, 
occupants,  and  adjoining  property  holders,  from  which  an  appeal  lies  to  the 
president  of  the  province  and  from  him  to  the  Imperial  Government,  but  with- 
out suspension  of  the  measurements.  When  this  is  finished  he  will  cause  to  be 
drawn  up  a  copy  of  the  papers  which  remain  in  the  possession  of  the  register,  the 
original  being  sent  to  the  president  of  the 'province,  even  when  there  has  not 
occurred  the  interposition  of  an  appeal;  to  the  end  that  the  president  of  the 
province  may  decide,  approving  the  measurement,  if  it  shall  have  been  regular,  or 
commanding  a  new  measurement  to  be  made,  in  which  event  he  gives  the  neces- 
sary instructions  for  the  correction  of  any  errors  that  may  have  occurred.  The 
papers  in  the  first  case  are  sent  to  the  deputy  of  the  director-general  in  order 
that  he  may  give  to  the  occupant,  donatary,  or  concessionary  a  title  to  his 
possession  or  grant,  and  when  the  taxes  have  been  paid  into  the  treasury  accord- 
ing to  the  schedule  laid  down  in  article  1  1,  law  of  September  18,  1850,  the  titles 
are  signed  by  the  president  of  the  province. 

Sec.  19.  Measurement  of  lands  which  are  in  the  possession  of  private  per- 
sons through  whatever  legitimate  title. — Possessions  originally  acquired  by  oc- 
cupation, which  are  not  subject  to  legitimization  because  they  are  actually  in 
the  possession  of  private  persons  under  legal  title,  can,  however,  be  legalized  if 
the  proprietors  shall  seek  to  obtain  title  of  possession.  An  order  having  been 
issued  by  the  general  department  of  public  lands,  requiring  the  municipal  judges 
to  measure  the  lands  referred  to,  and  the  said  judges  having  proceeded  to  such 
measurement  in  accordance  with  the  existing  laws  and  regulations  which  give 
recourse  to  the  judicial  authorities,  after  a  decree  of  measurement  is  issued  and 
judgment  rendered,  the  proprietors  may  thereupon  solicit  from  the  presidents  of 
the  provinces  a  title  to  their  possessions,  and  the  same  will  be  given  in  the  form 
prescribed  in  the  foregoing  paragraph.  The  same  course  must  be  pursued  by 
possessors  of  grants,  which,  although  they  may  not  have  been  measured,  are  not 
subject  to  validation,  because  they  are  not  in  the  possession  of  concessionaries, 
but  in  that  of  another  with  a  legitimate  title. 

Sec.  20.   Sale  of  public  lands. — As  the  measurement  and  demarkation  of  the 
territories  into  which  public  lands  must  be  divided  become  verified,  the  deputies 


BRAZIL. 


35 


of  the  district  of  measurement  remit  to  the  director-general  the  maps,  together 
with  the  respective  memoranda  and  information  of  all  the  points,  favorable  and 
unfavorable,  of  the  measured  territory,  and  of  the  values  of  each  square  bra^a, 
with  due  regard  to  the  prices  fixed  in  the  law  ;  upon  view  of  which  the  director- 
general  proposes  to  the  Imperial  Government  the  sale  of  the  lands  which  are 
not  reserved  for  colonization  of  the  Indians,  or  for  the  foundation  of  settlements, 
or  the  opening  of  roads,  or  for  any  other  purposes,  as  sites  for  public  establish- 
ments or  naval  construction;  and  the  Imperial  Government  having  decided  that 
the  sale  may  be  made  at  public  auction,  and  the  minimum  price  fixed,  the  di- 
rector-general determines  the  place  and  the  authorities  before  whom  the  sale 
shall  take  place,  in  accordance  with  the  provisions  in  section  2  of  article  14, 
law  of  September  18,  1850.  The  lots  which  are  not  sold  for  want  of  bidders  are 
afterwards  sold  when  anyone  appears  who  desires  them.  In  this  last  case  the 
offers  should,  in  the  province  of  R,io  de  Janeiro,  be  sent  to  the  national  treas- 
ury, and  in  the  other  provinces  of  the  Empire  to  the  inspectors  of  the  treasury, 
in  order  that  the  sales  of  the  lands  referred  to  may  be  approved. 

Sec.  21.  Public  lands  situated  in  those  parts  of  the  Empire  bordering  on 
foreign  countries. — Within  a  zone  of  ten  leagues  contiguous  to  the  border  of 
the  Empire  with  foreign  countries,  which  zone  the  Government  intends  to  settle, 
there  shall  be  established  military  colonies.  The  measurement  in  this  case  should 
be  made  as  soon  as  the  locality  is  determined  by  the  inspectors,  and  specir!  sur- 
veyors should  be  appointed  in  order  to  regulate  the  extension,  which  ought  to 
have  territories  and  squares  or  lots,  into  which  should  be  divided  the  intervening 
territories,  the  Government  determining  the  number  of  lots  to  be  gratuitously 
distributed  to  colonies  and  to  other  settlers,  national  and  foreign,  the  conditions, 
and  the  authorities  who  shall  confer  the  titles. 

Sec.  2*2.  Preservation  of  the  public  lands  and  the  property  of  others. — The 
municipal  judges  are  the  protectors  of  the  public  lands.  Deputies  and  under- 
deputies  exercise  also  the  functions  of  protectors  in  their  districts,  proceeding 
ex  officio  against  those  who  squat  upon  the  public  lands  or  destroy  the  forests  or 
set  fire  to  them,  the  process  being  the  same  as  is  employed  against  trespassers 
against  the  municipal  ordinances,  imposing  the  penalty  of  removal,  loss  of  im- 
provements, imprisonment  from  2  to  6  months,  besides  payment  for  any  loss 
caused.  The  same  penalties  apply  to  those  who  squat  upon  the  lands  of  others, 
unless  the  trespasser  be  an  adjoining  property  holder,  as  in  this  case  only  a  civil 
action  lies. 

Sec.  23.  Registration  of  lands  under  possession. — All  possessors  of  lands, 
whatever  may  be  the  title  of  their  ownership  or  possession,  must  register  them 
within  the  space  of  six  months,  one  year  or  two  years,  counting  from  the  date 
fixed  by  the  actual  minister  of  the  Empire,  and  in  the  provinces  by  the  respective 


36 


LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 


presidents.  The  declarations  for  registration  should  be  made  in  writing  by  own- 
ers; and  in  the  case  of  minors,  Indians,  or  any  corporation,  they  should  be  made 
by  their  parents,  guardians,  directors,  or  trustees  for  the  administration  of  their 
lands  and  chattels,  under  penalty  of  being  fined  by  the  registrars  in  their  respec- 
tiv^e  parishes,  at  the  end  of  the  first  term  in  $25,  at  the  end  of  the  second  term 

'  in  $50,  and  at  the  end  of  the  third  term  in  $100,  to  be  collected  by  legal  process 
as  debts  of  the  national  treasury.  The  vicars  of  each  of  the  parishes  of  the  Em- 
pire are  authorized  to  receiv^e  the  declarations  for  registration  in  duplicate,  one 
serving  as  a  proof  of  having  fulfilled  the  duty,  and  the  other  to  constitute  the 
said  register.  Owners  who  have  made  false  declarations  shall  suffer  a  fine  of 
from  $50  to  $200,  and  also  the  penalty  of  imprisonment  from  one  to  three 
months,  according  to  the  gravity  of  the  offense  committed.  The  terms  for 
registration  having  expired,  the  respective  books  are  remitted  to  the  deputy  of 
the  director-general  of  public  lands,  to  constitute  the  general  register  of  lands 
under  possession  in  each  province,  and  a  copy  of  the  same  should  then  be  sent 
to  the  said  director  in  order  to  form  a  general  register  of  lands  under  possession 
in  the  Empire.      *     *     * 

Sec.  31.    The  shore  lands,  that  is,  the  lands  bathed  by  the  sea  or  navigable 

'rivers  extending  inland  a  distance  of  15  standard  bragas,  counting  from  the  mean 
high-water  mark,  belong  also  to  the  nation  or  the  state.  Order,  L  2,  title  26, 
sec.  15;  Instructions,  Nov.  14,  1832,  article  4;  order,  June  12,  1833;  notice, 
July  10,  1834,  and  January  30,  1836. 

Exceptions. — 1.  In  the  term  shore  lands  are  not,  however,  included  the  banks 
of  fresh-water  rivers  which  are  beyond  the  reach  of  the  tides,  even  though  nav- 
igable ;  nor  the  margins  of  estuaries  or  inlets,  whether  of  fresh  or  salt  water, 
whether  subject  to  the  tides  or  not,  which  have  been  introduced  and  embraced 
within  plantations,  country  seats,  or  any  other  private  property,  and  which  are 
of  no  public  service.  It  is  proper  in  this  case  to  include  in  the  measurement  for 
the  quit  rent  the  extent  only  of  the  mouths  of  the  estuaries  and  inlets  which  are 
upon  the  sea  coast  or  rivers  in  which  the  tides  ordinarily  rise.  Order,  August 
20,  1835.  2.  Likewise,  any  casual  or  artificial  increase  to  the  15  bragas,  count- 
ing from  the  mean  high-water  mark,  is  not  considered  shore  lands.  It  follows 
from  this  that  the  holders  of  shore  lands  are  absolutely  prohibited,  under  pen- 
alty of  the  law,  from  working  or  exclusively  using  the  land  whi'ch  in  any  way  is 
added  to  their  possessions,  unless  they  have  a  concessioji  from  a  competent 
authority.     Notice,  No.  42,  Feb.  3,  1852. 

Sec.  32.    The  measurement  and  demarkation  of  shore  lands  and  their  classi- 

Jication. — The   Instructions    of   November    14,    1832,  divide   shore  lands  into 

three  classes,  to  be  known  as  follows :   First,  those  which  should  be  reserved  for 

public  ways;  second,    those   which  have  been  conceded  to  private  persons  or 


BRAZIL.  37 

occupied  by  them  without  a  concession ;  third,  those  which  are  still  wild  are 
required  to  be  certified,  measured,  and  marked  out  by  the  inspector  of  public 
works  in  the  capital,  with  the  aid  of  an  officer  of  the  engineers,  a  superintendent 
of  the  provincial  treasury,  besides  the  special  employ^  in  this  work,  and  by  the 
attorney  of  the  municipal  chamber,  who  should  assist  in  the  measurement  and 
demarkation  of  lands  of  the  first  class,  the  concessionaries  and  owners  being 
invited  to  a  measurement  of  those  of  the  second  class,  and  to  those  of  the  third 
class  those  who  intend  to  secure  them  ;  the  assessment  of  the  lands  of  the  second 
and  third  class  is  at  once  proceeded  with  for  a  quit-rent  tax  at  the  rate  of  2% 
per  cent  on  the  valuation  price,  which  should  be  imposed  by  the  superintendent 
of  the  provincial  treasury  immediately  upon  the  conclusion  of  the  proceedings  to 
this  end ;  there  is  an  appeal  only  to  the  president  of  the  national  treasury.  In 
the  other  cities  and  coast  towns  of  the  Empire  the  proceedings  should  be  accord- 
ing to  the  form  of  the  above-mentioned  instruction,  where  they  are  applicable ; 
and  to  this  end  the  appearance  of  the  inspector  of  public  works,  and  even  that 
of  the  official  engineer,  where  there  is  none,  may  be  dispensed  with,  all  questions 
which  arise  being  decided  by  the  treasuries  of  the  respective  provinces. 

Sec.  33.  By  whom  a  quit  rent  of  the  shore  lands  may  be  conceded.-^ \t  the 
capital  it  is  competent  for  the  minister  of  the  treasury,  and  in  the  provinces 
for  the  several  presidents,  to  concede  quit  rents  of  shore  lands,  upon  the  com- 
pletion of  the  proceedings  described  in  the  foregoing  section,  it  not  being  proper 
to  deed  those  portions  of  the  lands  which  are  for  public  ways.  Law,  No.  15, 
1831;  notice  of  October  20,  1832;  notice.  No.  126,  November  25,  1864; 
preference  being  given  not  only  to  those  who  put  up  establishments  for  free 
embarkation  or  disembarkation,  or  to  those  who  are  found  in  peaceful  posses- 
sion, on  the  supposition  that  the  lands  belong  to  them  and  form  a  part  of  their 
properties,  when  they  shall  have,  paid  the  quit  rent  that  may  have  been  deter- 
mined for  them,  but  also  to  those  who  shall  have  rented  such  lands  to  one  or 
more  persons,  in  all  or  in  part,  in  order  that  such  tenants  may  be  preferred, 
whether  they  have  built  upon  or  otherwise  improved  the  lands  so  rented.  Order, 
January  30,  1836,  article  l;  order  No'.  173,  May  31,  1851  ;  order,  No.  250, 
November  15,  1852,  and  No.  226,  October  19,  1853. 

Sec.  34.  The  zvoods  and  timber  on  the  coast  line. — The  woods  and  forests 
which  are  not  owned  by  private  persons,  and  which  are  wild  or  unappropriated, 
belong  to  the  state.  Order,  L  4,  title  43,  section  9.  These  should  be  preserved, 
the  hindering  of  the  cutting  of  the  trees  having  been  provided  by  law.  Law 
of  October  15,  1827,  article  5,  section  12;  notice  of  January  19;  law  of  Octo- 
ber 15,  1827,  article  5,  section  12;  notice  of  January  19,  1833,  November  18, 
1834,  and  August  7,  1835;  but  these  notices  being  insufficient  because  they 
contain  only  partial  and  very  limited  provisions,  it  would  be  desirable  that  laws 


38  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

should  be  promulgated  that  would  conciliate  public  interest,  which  demands  the 
preservation  of  forests,  with  the  right  of  private  ownership,  which  in  turn 
claims  a  free  control  of  the  same. 


Exhibit  B. 

new   regulations    for   the    service   of   the    introduction    and   establishment 
of  immigrants  in  the  republic. 


G 


Immigration. 


Sir  :  One  of  the  most  palpable  necessities  which  invite  attention  in  order  to 
encourage  the  expansion  of  the  productive  forces  of  the  Republic  is,  without 
doubt,  the  development  of  European  immigration,  which  it  will  be  possible  to 
secure  only  by  means  of  arrangements  which  guarantee  the  establishment  of  a 
current  of  industrious  and  moral  immigrants,  assuring  to  them  the  assistance 
and  funds  necessary  for  their  convenient  location. 

The  Government  has  been  solicitous  to  provide  that  the  immigrants  meet  with 
a  favorable  reception,  so  that  they  may  not  repent  having  directed  their  steps 
toward  our  hospitable  country;  affording  to  them  for  this  purpose  the  necessary 
location  and  all  the  means  which,  according  to  existing  laws,  it  has  in  its  power, 
in  order  that  they  may  be  duly  accommodated. 

At  the  same  time,  by  means  of  adequate  measures,  the  fulfillment  of  existing 
contracts  has  been  enforced  for  the  transportation  of  immigrants  destined  for 
this  countrvj 

There  do  not,  in  the  meantime,  appear  to  be  sufficient  provisions,  and  with  the 
object  of  completing  them  and  putting  into  execution  one  of  the  most  important 
features  of  the  administrative  program  of  the  department  under  my  charge,  I 
have  arranged  the  plan  of  reform  which  I  now  lay  before  you,  in  which  I  have 
called  attention,  in  the  way  most  convenient,  to  the  interests  of  that  service, 
which  are  at  the  same  time  those  of  the  Republic,  being  convinced  that  its  prompt 
execution  will  operate  efficaciously,  so  that  in  a  short  time  an  abundant  stream 
of  immigration  will  come  to  transform  the  conditions  of  our  agricultural  indus- 
tries and  develop  the  riches  of  our  vast  territory. 

My  plan  of  reform  embraces  two  branches  of  the  service,  making  provisions 
under  each  and  binding  closer  the  relations  which  they  have  with  each  other.  In 
the  first  part  the  measures  refer  to  the  conditions  which  the  immigrants  must 
fulfill  in  order  to  enjoy  the  favors  which  are  promised  to  them  by  the  Govern- 
ment. It  establishes  rules  to  insure  the  effectiveness  of  these  favors  and  of  other 
aids  to  be  given  them.  Their  welfare  in  the  Republic  and  during  the  voyage  is 
considered,  there  having  been  instituted  a  reward  of  100,000  francs  to  each  one 


BRAZIL.  39 

of  the  steamship  companies  that  shall  transport  during  the  year  10,000  immi- 
grants without  having  incurred  censure  for  any  fault  whatever,  not  only  in  rela- 
tion to  the  treatment  of  the  immigrants  themselves,  but  also  in  regard  to  their 
baggage.  And  to  this  end  the  conditions  are  made  on  which  the  State  takes 
charge  of  the  return  of  anyone  to  his  country,  conceding  in  that  case  to  those 
returning  sufficient  assistance  for  their  necessary  expenses  on  the  way  back  to 
their  native  land. 

In  the  second  part  attention  is  given  to  the  location  of  immigrants,  providing 
not  only  for  the  alienation  of  agricultural  holdings  by  means  of  premiums  and 
grants  to  the  proprietors,  according  to  the  character  of  the  holdings,  but  for  the 
foundation  of  special  colonies,  where  the  subsidized  railroads — those  with  a  guar- 
antee of  interest — uniting  them  to  centers  of  consumption  or  to  points  of  export, 
constitute  a  powerful  factor,  which,  with  the  other  assistance  given,  assures  them 
an  advantageous  egress,  with  a  real  profit  to  the  immigrants  who  shall  be  thus 
located. 

In  other  provisions  proper  protection  is  secured  for  the  interests  of  immi- 
grants who,  during  a  long  period,  have  enjoyed  the  protection  of  the  authorities 
of  the  Republic,  and  who  thus  find  in  the  colonies  established  by  the  State  a 
definite  location  in  cases  in  which  for  any  reason  it  is  not  agreeable  to  them  to 
remain  in  particular  establishments. 

Such  are,  in  conclusion,  the  principal  points  of  the  immigration  service,  which 
1  have  the  honor  to  submit  for  your  distinguished  consideration, 

Francisco   Glicerio. 

Federal  Capital,  28//?  of  Jf tine,  1890. 

The  regulations  are  as  follows : 

PART  FIRST. 
Chapter  I. — Of  the  introduction  of  immigrants. 

Article  i.  The  entrance  to  the  ports  of  the  Republic  is  entirely  free  to  per- 
sons, sound  and  suitable  for  work,  who  are  not  subject  to  a  criminal  action  in 
their  own  country,  excepting  the  natives  of  Asia  or  of  Africa,  who  only  can  be 
admitted  by  an  act  of  the  National  Congress  in  accordance  with  the  conditions 
therein  stipulated.* 

Art.  2.  The  diplomatic  and  consular  agents  of  the  United  States  of  Brazil 
will  prevent  by  every  means  in  their  power  the  introduction  of  immigrants  from 
those  continents,  communicating  immediately  to  the  Federal  Government  by 
telegraph  whenever  they  shall  not  be  able  to  avoid  it. 

*  By  a  recent  act  of  the  Brazilian  Congress  immigration  from  China  is  provided  for 
and  a  treaty  authorized  to  be  made  with  Japan  for  a  similar  purpose. 


40  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Art.  3.  The  police  of  the  ports  of  the  Republic  will  prevent  the  landing  of 
such  persons,  as  well  as  of  beggars  and  the  destitute. 

Art.  4.  Commanders  of  vessels  who  shall«bring  persons  referred  to  in  the  pre- 
ceding articles  shall  be  subject  to  a  fine  of  from  $2,000  to  $5,000,  losing  the  priv-" 
ileges  which  they  enjoy,  in  case  of  repetition. 

Art.  5.  The  whole  or  a  part  of  the, passage  money  shall  be  charged  to  the 
Federal  Government  only  in  the  following  cases : 

1.  To  families  of  agriculturists,  limited  to  their  respective  heads,  or  their 
parents,  or  persons  of  more  than  50  years  of  age. 

2.  Single  males  of  more  than  18  years  of  age  and  less  than  50  years,  provided 
they  have  been  agricultural  laborers. 

3.  Operatives  of  the"  mechanical  or  industrial  arts,  artisans,  and  persons  who 
intend  to  become  domestic  servants,  whose  ages  shall  be  embraced  within  the 
limits  of  the  foregoing  paragraph. 

4.  Persons  infirm,  or  with  physical  defects,  shall  have  gratuitous  passage  only  in 
case  they  belong  to  some  family  which  has  not  less  than  two  sound  indiv-iduals. 

Art.  6.  In  the  contracts  for  the  transportation  of  immigrants  there  shall  be 
a  maximum  limit  of  50  per  cent  of  the  total  number  of  persons  embraced  in 
classes  No.  2  and  3  of  article  5,  the  maximum  proportion  of  the  former  to  the 
latter  being  33  per  cent. 

Art.  7.  The  State  will  concede  to  maritime  transportation  companies  who 
desire  it  a  subvention  of  1 20  francs  for  the  passage  af  each  adult  immigrant  whom 
they  transport  to  the  ports  of  the  Republic,  and  proportionally  at  the  rate  of 
one-half  of  that  sum  for  minors  from  1  2  to  8  years,  inclusive,  and  a  quarter  part 
from  that  age  to  3,  provided  that  the  said  companies  bind  themselves  to  fulfill 
the  provisions  contained  in  this  decree,  and  not  to  receive  from  immigrants  more 
than  the  difference  between  the  above-cited  amount  and  the  entire  price  of  pas- 
sage, which  they  should  prove  by  declarations  signed  by  them,  to  be  verified 
upon  their  arrival  here. 

Art.  8.  All  immigrants  who  shall  be  introduced  in  virtue  of  contracts  must 
have  an  attestation  from  the  consular  agent  of  the  Republic  resident  at  the  port 
of  departure,  in  which  shall  be  specified  the  name,  age',  estate,  and  occupation, 
as  well  also  as  the  relationship  of  the  persons  who  compose  each  family. 

Art.  9.  No  immigrant  shall  have  the  benefit,  of  Art.  No.  5  unless  he  declare 
expressly  what  occupation  he  intends  to  engage  in  on  his  arrival  in  the  Repub- 
lic ;  and  those  who  intend  to  engage  in  agriculture  can  only  claim  from  the  Gov- 
ernment transportation  to  their  point  of  destination  and  to  their  respective  loca- 
tion in  some  colony  of  their  choice,  where  they  shall  have  the  assistance  and 
favor  which  all  the  immigrants  there  enjoy  according  to  this  decree. 


BRAZIL.  41 

Workmen,  mechanics,  laborers,  etc.,  will  likewise  sign  a  declaration  that  in 
consideration  of  their  location  they  will  solicit  no  favor  of  the  Government  or 
of  the  local  authorities,  besides  their  protection,  after  transportation  to  the  local- 
ities where  they  desire  to  establish  themselves.  All  these  declarations,  which 
should  be  made  before  a  consular  agent  and  by  him  authenticated,  shall  remain 
in  the  archives  of  the  office  of  the  inspector-general  of  lands  and  colonization. 

Art.  10.  The  immigrants  specially  indicated,  or  those  who  shall  be  sought 
for  the  service  of  private  establishments,  can  not  have  the  privileges  of  Art.  No. 
5  unless  a  declaration  be  previously  made,  signed  by  the  parties  who  shall  invite 
or  solicit  them,  obligating  themselves  to  furnish  the  assistance  necessary  for  their 
maintenance  until  they  shall  be  able  to  obtain  work. 

These  documents,  which  shall  also  be  filed  in  the  archives  of  the  office  of  the 
inspector-general  of  lands  and  colonization,  render  their  authors  responsible  in 
default  of  the  fulfillment  of  their  obligations. 

Art.  11.  The  proprietors  of  farming  lands,  also  banks,  companies,  or  private 
organizers  of  colonies  who  desire  to  receive  immigrants,  must  present  to  the 
inspector-general  of  lands  and  colonization  their  respective  petitions,  indicating 
the  number  of  persons  or  families  they  desire,  their  respective  nationalities,  as 
well  as  as  the  inducements  they  offer  for  the  kind  of  service  which  shall  be 
indicated. 

A  copy  of  this  petition  shall  be  attached  to  the  contract  of  transportation, 
which  shall  be  translated  into  the  language  of  the  country  to  which  the  immi- . 
grants  belong,  the  amount  of  wages  offered  being  given  in  the  currency  of  that 
country. 

This  document,  made  in  duplicate,  shall  be  signed  by  the  immigrant,  with  the 
declaration  that  he  accepts  the  conditions  proposed.  One  copy  shall  be  deliv- 
ered to  him  and  the  other  presented  to  the  inspector  of  lands  and  colonization 
at  the  time  of  his  arrival. 

Art.  1 2.  The  immigrants  shall  remain  under  the  special  protection  of  the 
Government  and  of  the  inspectors  general  and  subordinate  of  lands  and  coloni- 
zation during  the  first  six  months  which  shall  elapse  after  their  arrival.  Those 
who  are  placed  on  private  establishments,  and  those  who  wish  to  be  transferred 
to  private  colonies  or  those  of  the  State,  may  do  so  within  that  period,  subject 
to  the  regulations  in  article  No.  5.  So  also  those  who  remain  in  the  coast  cities 
of  the  Republic  may  ask  during  the  same  period  for  transfer  to  any  other  point 
reached  by  regular  communication  by  sea,  river,  or  land. 

Art.  13.  Complaints  made  by  immigrants  shall  be  taken  into  consideration 
only  during  this  period,  it  being  necessary  for  the  inspector-general  of  lands  and 
colonization,  for  special  inspectors  or  official  agents  of  colonization  or  immigra- 
tion, in  the  places  where  these  functioi\aries  may  be,  and,  finally,  for  the  heads  of 


42  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

municipalities,  intendencies,  or  of"  corporations  elected  by  the  people  which 
have  been  created  to  take  the  place  of  the  ancient  municipal  boards,  to  verify  the 
allegations  of  the  complaints,  to  institute  such  inquiries  as  may  be  necessary, 
giving  due  information  to  the  minister  of  agriculture  through  the  governors, 
when  the  complaint  is  made  directly  to  the  officers  of  the  State,  or  through  the 
inspector-general  of  lands  and  colonization,  when  the  inquiry  is  made  by  his  au- 
thority; it  being  obligatory  upon  the  officers  referred  to  to  put  in  an  appearance 
in  the  proceedings  of  complaint. 

Art.  14.  The  proprietor  or  manager  of  a  private  establishment,  who  shall  be 
convicted  of  having  failed  in  his  contracts  made  with  immigrants,  shall  be  com- 
pelled to  fulfill  them  by  legal  means  and  shall  lose  his  right  of  securing  immigrants 
through  the  intervention  of  the  State  for  a  period  of  from  six  months  to  two 
years,  according  to  the  circumstances  of  the  case. 

Art.  15.  Contractors  for  the  transportation  of  immigrants  shall  be  subject  to 
fines  laid  down  in  their  respective  contracts,  if,  upon  investigation,  which  shall 
be  proceeded  with  according  to  the  form  given  in  preceding  articles,  it  shall  be 
proved  after  their  arrival  that  the  immigrants  in  regard  to  whom  inquiry  is 
made  are  not  agriculturists. 

In  the  case  of  contracts  failing  to  mention  the  fine,  it  shall  be  equal  to  one- 
half  the  price  of  the  passage  of  an  entire  family,  or  the  entire  passage  of  an  im- 
migrant, if  he  come  alone. 

Art.  16.  Navigation  companies  which  shall  have  transported  during  the  year 
10,000  immigrants  at  least  shall  be  entitled  to  a  reward  of  100,000  francs,  un- 
less there  shall  be  some  complaint  in  regard  to  the  baggage  or  of  the  treatment 
of  the  said  immigrants. 

Art.  17.  The  following  only  shall  be  entitled  to  be  returned  to  their  native 
country  at  the  expense  of  the  State: 

1.  Widows  and  orphans  who  have  lost  their  husbands  or  parents  within  one 
year  after  their  arrival  in  the  ports  of  the  Republic. 

2.  Immigrants  who  shall  be  disabled  in  consequence  of  some  accident  incurred 
in  the  service  in  which  they  shall  be  engaged,  provided  they  have  not  yet  resided 
one  year  in  the  Republic. 

Immigrants  who  come  under  these  conditions  shall  receive,  when  they  shall 
ask  for  aid  beyond  the  necessary  passage,  from  ^50  to  $160,  according  to  the 
number  of  persons  in  the  family,  for  the  expenses  of  the  voyage  to  the  point 
of  departure. 

These  provisions  shall  apply  only  to  those  immigrants  who  have  been  intro- 
duced into  the  country  and  their  passage  paid  by  the  State. 

Art.  18.   The  governors  will  take  necessary  steps  with  a  view  to  protect  im- 


BRAZIL.  43 

migrants  of  good  morals  and  laborious  against  any  speculation  whatever  in  their 
respective  States. 

Art.  19.  All  complaints  with  regard  to  baggage  should  be  made  to  the  in- 
spector-general of  lands  and  colonization,  whose  duty  it  is  to  adopt  necessarv 
measures  in  order  that  the  same  may  arrive  at  their  destinations  with  their 
respective  owners. 

PART  SECOND. 

C  H  A  PT  E  R  II. — Of  proprietors  of  agricultural  lands. 

Art.  20.  Every  proprietor  of  land  who  desires  to  locate  European  immi- 
grants on  his  property  shall  have  the  right  to  the  favors  contained  in  this  decree, 
whenever  he  shall  have  fulfilled  the  conditions  therein  stipulated. 

Art.  21.  Proprietors  intending  to  locate  immigrants  must  be  inscribed  in  the 
register  to  which  reference  is  made  in  decree  No.  45  1  B.  of  the  3  1st  of  May  last, 
and  must  not  have  less  than  500  hectares  of  uncultivated  land  or  300  hectares 
if  cultivated. 

The  distance  of  the  location  from  the  centers  of  consumption  or  from  a  station 
of  the  nearest  railroad  must  not  exceed  13,200  meters,  counting  from  the  center 
of  the  property. 

Art.  22.  The  properties  must  be  described  in  a  memorial  containing  pre- 
cise information  in  regard  to  the  quality  of  the  land,  the  salubrity  of  the  climate, 
and  their  suitability  for  cultivation,  the  courses  of  the  streams  which  water 
them,  as  well  as  the  kind  of  tillage  to  which  they  are  adapted. 

Also,  whenever  describing  properties  already  under  cultivation,  the  estates 
which  they  already  contain  should  be  mentioned,  as  well  as  the  buildings,  ma- 
chinery, and  apparatus  which  they  possess  for  the  handling  of  the  products  of 
the  soil. 

Art.  23.  Properties  should  be  divided  into  lots  conveniently  provided  with 
water  and  with  some  woyd  for  domestic  purposes. 

In  uncultivated  properties  the  areas  of  the  lots  must  be  15  hectares;  in  those 
already  cultivated  the  lots  should  contain  5  hectares  at  least,  and  have  not  less 
than  half  their  area  already  under  cultivation. 

The  lots  should  have  the  necessary  roads  for  communication  between  them- 
selves and  with  existing  highways  or  with  those  projected. 

Chapter  III. — Of  the  sale  of  lots  and  the  mode  of  payment — Assistance  to 
immigrants —  Titles  of  properties. 

Art.  24.  Lots  containing  a  temporary  house  in  value  not  less  than  (200$ooo) 
two  bundled  milreis,  constructed  according  to  a  plan  approved  by  the  Govern- 
ment, shall  be  sold  to  immigrants  with  families  at  a  maximum  price  of  25$ooo 


44  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

per  hectare,  when  uncultivated,  or  50,000  when  cultivated.  In  these  prices  the 
cost  of  the  temporary  house  is  not  included. 

The  payment  shall  be  made  by  annual  installments  counting  from  the  first  day 
of  the  second  year  of  the  term,  which  shall  not  be  less  than  10  years,  there  being 
added  to  the  amount  of  each  installment  interest  which  shall  never  exceed  9  per 
cent,  per  annum. 

Art.  25.  Proprietors  shall  advance  to  immigrants  who  have  been  located  on 
their  premises  tools,  seeds,  etc.,  as  well  as  the  necessary  means  of  subsistence 
for  them  and  their  families,  for  the  period  of  nine  months,  during  which  they 
shall  not  have  received  the  results  of  their  tillage  of  the  soil.  The  amount  of 
these  advances  shall  be  added  to  the  value  of  the  lot,  which,  with  all  the  im- 
provements, shall  be  mortgaged  to  the  proprietor  until  the  final  payment. 

Art,  26.  The  immigrant  shall  receive  at  the  time  of  his  establishment  a 
provisional  title  to  his  property,  in  which  shall  be  inserted,  with  the  price  of  the 
lot,  the  advances  which  he  has  received.  In  the  same  title  shall  also  be  inscribed 
the  payments  which  shall  be  made.  As  soon  as  the  payments  due  from  the  im- 
migrant have  been  concluded,  this  title  shall  be  exchanged  for  another  of  a 
definite  character,  and  he  shall  be  entitled  to  all  the  advantages  established  by 
the  aforesaid  decree  No.  451  B.  of  the  31st  of  May. 

Chapter  IV. —  Of  default   in  payment,  and  abandonment  of  lots — Trans- 
fers— Appraisement  of  improvements. 

Art.  27.  In  case  of  delay  in  payments  for  more  than  two  sucessive  years, 
the  proprietor  shall  have  the  right  to  demand  the  vacation  of  the  lot,  paying 
the  immigrant  for  the  improvements  which  have  been  made  and  one-half  the 
installments  already  paid  in,  after  deducting  from  this  amount  what  is  due  him 
for  advances  made. 

Art.  28.  In  case  of  abandonment  of  the  lot  before  payment  is  completed,  the 
immigrant  shall  have  no  right  to  indemnity  of  any  kind. 

Art.  29.  It  is  allowable  for  an  immigrant  to  transfer  his  lot,  provided  the 
proprietor  agrees  to  this. 

Art.  30.  In  case  of  disagreement  as  to  the  appraisal  of  existing  improvements 
to  the  lots,  a  justice  of  the  peace  in  the  district  where  the  property  may  be, 
shall  nominate  a  referee,  who  shall  decide  upon  the  merits  of  the  case. 

Chapter  V. —  Of  favors  conceded  by  the  state. 

Art.  31.  All  proprietors  and  enterprises  that  shall  satisfy^  the  conditions 
indicated  in  the  preceding  articles  shall  have  the  right  to  receive  from  the  state 
the  following  favors,  in  the  proportion  given,  according  to  the  category  in  which 
the  respective  properties  shall  be  classified. 


BRAZIL.  4) 

Art.  ^2.  There  are  three  lists  of  properties  to  which  the  preceding  article 
refers. 

Art.  33.  In  the  first  category  belong  properties  in  a  state  of  cultivation 
upon  which  can  be  established  at  least  50  families. 

To  the  second  category  belong  properties  in  the  condition  mentioned,  which 
shall  be  able  to  accommodate  200  families  at  least,  and  already  possessing  good 
roads  into  their  interiors,  and  with  communications  with  markets  of  consumption 
or  with  a  station  of  some  railroad  or  with  maritime  ports  or  navigable  rivers,  as 
well  as  factories  and  machinery  for  handling  of  the  products  of  the  soil. 

To  the  third  class  belong  large  estates  of  any  kind,  central  mills,  factories  of 
anv  kind  to  which  belong  lands  already  cultivated  or  uncultivated  upon  which 
may  be  accommodated  not  less  than  500  families  of  farm  laborers,  and  which 
have  fulfilled  the  conditions  established  for  those  of  the  second  class.  And  in 
general  those  territories  acquired  by  companies  organized  for  the  improvement 
of  the  wild  lands  of  the  Union,  being  obliged  to  fulfill  also  the  conditions  of 
article  23  in  regard  to  locations  for  at  least  that  number  of  families,  and  to 
establish  mills  and  factories  necessary  for  the  handling  and  utilization  of  the 
products  of  the  soil  and  raw  materials,  as  well  as  schoolhouses  and  infirmaries. 

Art.  34.  The  favors  to  which  the  properties  embraced  in  class  second  have  a 
right  consist  of  a  premium  of  200$  for  each  family  located,  as  well  as  250$  for 
each  provisional  house.  The  properties  embraced  in  class  second  shall  have,  in 
addition  to  the  foregoing  favors,  the  sum  of  1,500^  per  kilometer  of  road  which 
may  become  necessary  in  order  to  unite  the  headquarters  of  the  property  with 
the  nearest  railroad  station  or  a  center  of  consumption. 

The  properties  of  class  third  shall  have  not  only  the  favors  already  mentioned 
in  regard  to  the  first  two,  but  also  a  bonus  of  800$  for  the  construction  of 
internal  roads,  as  well  as  a  concession  of  wild  lands  which  shall  be  sufficient  for 
the  establishment  of  double  the  minimum  number  of  families  required  by  the 
terms  of  article  14. 

If  the  governor  deem  it  expedient,  he  may  grant  a  subsidy  for  the  construction 
of  a  road  uniting  the  headquarters  with  the  nearest  railroad  station  or  center  of 
consumption,  or  river  or  maritime  post  (this  subsidy  to  take  the  place  of  the 
guarantee  of  interest  of  6  per  cent  on  the  maximum  price  of  15,000$  per  kilo- 
meter of  subdivided  railroad  during  the  term  of  20  years),  according  to  the  con- 
ditions which  may  be  established. 

Art.  35.  A  proprietor  who  has  regularly  located  on  his  property  100  families 
shall  receive  a  bonus  of  5,000$.  This  reward  shall  be  repeated  as  often  and  in 
proportion  as  the  aforesaid  conditions  shall  be  fulfilled,  the  respective  payments 
being  made  after  due  verification  has  been  made. 


\.C)  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Chapter  VI. — Of  making  effective  the  favors.      The  manner  of  payment. 

Art.  36.  The  property  once  classed,  the  premiums  relative  to  the  provisional 
houses  and  localization  shall  be  paid  in  the  proportion  in  which  the  immigrants 
may  be  established  by  groups,  never  less  than  10  families,  90  days  after  the 
establishment  of  the  last  family,  on  sight  of  the  attestation  of  the  proper  au- 
thority, declaring  that  the  families  are  duly  located  and  installed  in  the  provi- 
sional houses  of  the  type  adopted. 

In  the  same  proportion  will  be  made  the  payment  of  the  contributions  for  the 
construction  of  the  interior  roads,  on  sight  of  the  measurements  made  on  the 
general  plat  of  the  property  and  of  the  lots  occupied. 

The  payment  of  the  subsidy  granted  for  highways  will  be  paid  on  sight  of 
approved  designs  after  the  establishment  of  one-quarter  of  the  number  of  families 
which  the  property  should  contain. 

Art.  37.  Whenever  one  or  more  families  for  whom  the  respective  premiums 
have  already  been  paid  shall  retire,  the  proprietor  must  communicate  with  the 
official  mentioned,  in  order  that  those  who  leave  may  nor  receive  new  favors 
on  some  other  property. 

In  subsequent  payments  abatement  will  be  made  of  the  value  of  the  tempo- 
rary house  standing  on  an  abandoned  lot. 

Chapter  VII. — Of  the  qualifications  of  proprietors  for  receiving  the  favors 

mentioned. 

Art.  38.  Proprietors  who  desire  to  receive  the  favors  designated  in  this  de- 
cree should  present  to  the  inspector-general  of  lands  and  colonization  their  peti- 
tions, drawn  up  in  conformity  with  articles  1,  2,  and  3,  accompanied  by  a  plan 
of  the  property. 

Art.  39.  After  the  necessary  proceedings  have  been  taken  the  request  will  be 
presented  to  the  minister,  who,  in  a  dispatch,  will  declare  whether  the  property 
is  accepted  and  to  what  class  it  will  belong,  the  said  property  entering  imme- 
diately upon  the  enjoyment  of  the  favors  which  belong  to  it,  it  being  understood 
that  .the  proprietor  subjects  himself  to  the  provisions  of  this  decree. 

Art.  40.  Those  intending  to  organize  companies  according  to  the  form  at 
the  end  of  the  last  part  of  article  15,  should  furnish  with  their  petitions  docu- 
ments to  prove  their  capacity  and  the  resources  with  which  their  prospectuses 
are  to  be  carried  out. 

After  the  answers  to  their  petitions,  they  should,  within  the  space  of  one 
year  at  the  most,  effect  a  measurement  of  the  lands  which  have  been  conceded  to 
them,  the  respective  amount,  at  the  fate  of  i$033  per   hectare,  in  conformity 


BRAZIL.  47 

with  the  terms  of  the  concession,  being  covered  into  the  public  treasury  or  the 
treasury  of  the  state. 

Art.  41.  Only  after  the  fulfillment  of  this  formality  shall  the  concessionary 
Hb  able  to  receive  further  favors. 

Chapter   V I II. — General  provisions. 

Art.  42.  Besides  the  total  number  of  immigrant  families  which  may  be  lo- 
cated, there  may  be  admitted  25  per  cent  of  natives,  provided  they  are  moral, 
industrious,  and  adapted  to  agricultural  service,  and  they  shall  have  the  right 
to  the  same  favors  as  have  been  conceded  to  the  former. 

Art.  43.  As  to  all  the  rest,  relative  to  the  furnishing  of  immigrants,  the  pro- 
visions of  the  present  decree  are  to  be  observed. 

Hall  of  Assembly  of  the  Provisional  Government  of  the  United  States  of  Bra- 
zil, 28th  of  June,  1890,  2nd  of  the  Republic. 

Manuel  Deodora   da   Fonseca. 
Francisco  Glicerio. 


Exhibit  C. 

[Extract  from  newspaper  Federa9ao,  of  Porio  Alegre,  of  the  25th  of  February,  1891.] 

department  of  agriculture   and   public   works. 

No.  109.    Act  of  14th   of  February,  1891,  treating  of  the  disappropriation  or 

lands  along  railways,  public  highways,  and  rivers,  required   for  the  founding 

of  agricultural  establishments. 

The  governor  of  the  State  of  Rio  Grande  do  Sul,  considering  thit  it  behooves 
the  administration  to  promote  all  measures  in  its  power,  not  only  for  the  benefit 
of  the  citizens,  but  also  to  increase  the  public  wealth : 

Considering  that  of  all  the  sources  of  revenue,  agriculture  is  the  most  desira- 
ble to  develop,  as  it  amply  repays  the  efforts  put  forth  and  increases  commerce 
and  industry : 

Considering  that  large  properties  are  becoming  scarce,  and  that  it  is  expedient 
to  prepare  the  population  of  the  "  campanha  "  for  the  agriculture  which  will  be- 
come in  the  near'future  its  principal  occupation,  on  account  of  the  impossibility 
of  continuing  to  otherwise  develop  a  paying  industry: 

Considering  that  the  founding  of  agricultural  establishments,  serving  as  models 
and  conveniently  distributed,  will  largely  contribute  to  this  reform ; 

Considering,  finally,  that  lands  along  railways,  highways,  and  rivers  are  the 
most  suitable  for  agriculture,  on  account  of  the  facilities  they  offer  for  the  trans- 


48  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    DANDS. 

portation  of  products  and  because  they  return  a  reasonable  revenue  and  render 
their  maintenance  less  burdensome  to  the  State, 

Therefore  be  it  resolved  : 

Article  1.  A  piece  of  land  two  kilometers  in  width  on  each  side  of  the  rail- 
ways, highways,  and  navigable  rivers,  or  rivers  susceptible  of  being  made  navi- 
gable, will  be  disappropriated  according  to  the  terms  of  law  No.  650,  of  the  9th 
of  December,  1867,  for  improvements,  on  condition  such  land  is  suitable  for 
agriculture  and  is  to  be  occupied  for  this  purpose. 

Art.  2.  Proprietors  of  lands  referred  to  in  article  1  must  declare  whether 
they  intend  to  divide  and  settle  their  land  in  accordance  with  the  provisions  of 
this  act  and  any  instructions  that  may  be  issued. 

Art.  3.  The  State  government.. can  itself  effect  tht  disappropriation,  division, 
and  peopling  of  said  lands,  or  have  same  done  by  its  agents. 

Art.  4.  When  the  State  government  does  not  itself  make  the  disappropria- 
tion, but  intrusts  it  to  others,  the  following  enterprises  will  be  preferred : 

A.  The  railway  crossing  the  lands  in  question. 

B.  Undertakings  organized  to  colonize  lands  along  railways  in  the  State  or 
Union. 

C.  Undertakings  organized  to  colonize  lands  along  highways,  if  the;  accept 
the  conditions  stipulated  by  the  Government. 

D.  Undertakings  organized  for  the»improvement  of  rivers  in  order  to  allow 
free  navigation,  if  they  accept  the  conditions  stipulated  by  the  State  government. 

Art.  5.  Enterprises  desirous  of  taking  advantage  of  this  act  must  send  in  a 
petition  to  the  government  of  the  State,  asking  for  advertisements  to  be  pub- 
lished for  the  owners  of  the  lands  referred  to  in  article  1  to  present  within  t.he 
space  of  sixty  days  the  declaration  mentioned  in  article  2. 

Art.  6.  Parties  and  enterprises  proposing  to  divide  and  populate  the  lands 
treated  of  in  article  1,  in  accordance  with  the  dispositions  of  this  act  and  other 
instructions  that  maybe  issued,  must  have  at  least  one-half  of  the  area  populated 
within  three  years,  counting  from  the  end  of  the  space  of  time  referred  to  in 
article  5  ;  and  if  this  be  not  done,  they  must  deliver  to  the  State  or  the  former 
proprietors  all  land  not  occupied  and  suitable  for  cultivation,  at  the  price  of  the 
disappropriation,  and  said  proprietors  are  ,hereby  bound  to  receive  back  the 
lands  disappropriated. 

Art.  7.  The  piece  of  land  disappropriated  will  be  divided  into  agricultural 
districts  and  then  into  homesteads. 

Art.  8.  One  individual  will  not  be  permitted  under  any  circumstances  to  hold 
more  than  two  homesteads,  and  the  sale  of  more  than  two  homesteads  to  the 
same  individual  will  be  of  no  effect.  The  former  proprietor  is,  however,  ex- 
cepted, he  being  entitled  to  four  homesteads  for  each  league  of  land  constituting 


BRAZIL.  49 

his  property ;  and  also  the  colonizing  companies,  who  must  reserve  from  ten  to 
twenty  homesteads  in  the  center  of  each  agricultural  district,  or  in  some  place 
conveniently  located  near  the  center,  for  model  farms. 

Art.  9.  The  State  itself,  or  its  representative,  will  give  to  those  who  propose 
to  cultivate  the  land  a  free  passage  to  the  homestead,  and  will  furnish  seeds  and 
the  necessary  tools  for  cultivation,  and  will  construct  a  house,  all  of  which,  ex- 
cepting the  passage,  will  be  included  in  the  value  of  the  homestead,  the  payment 
to  be  made  within  never  less  than  six  years,  with  interest  not  to  exceed  5  per 
cent  per  annum. 

Art.  10.  The  occupant  is  obliged  to  live  on  and  cultivate  the  homestead, 
failing  which  he  will  lose  his  right  over  it,  and  to  any  improvements  he  may  have 
made  on  the  land;  but  his  animals  and  domestic  utensils  shall  remain  his  prop- 
erty. 

Art.  1 1.  During  two  years,  counting  from  the  taking  up  of  the  homestead, 
the  occupant  shall  be  exempt  from  payment  of  taxes,  both  municipal  and  State. 

Art.  12.  The  occupant  can  not  transfer  the  homestead  before  it  is  paid  for, 
except  by  the  written  consent  of  the  former  proprietor. 

Art.  13.  The  Superintendent  of  Agriculture  and  Public  Works  will  formulate 
the  instructions  regulating  the  dispositions  of  the  present  act. 

Art.   14.    All  contrary  provisions  are  hereby  repealed. 

Jo.AO  ]osi  Pereira   Parol^. 

Palace  of  the  Government,  Porto  Alegre,  Feb.  14th,  iSpi. 

General  of  Division  Candido  Costa, 
BuU.  53 i 


Chile. 


According  to  the  information  furnished  by  Mr.  William  B. 
McCreery,  late  United  States  consul  at  Valparaiso,  and  by  Mr. 
Frederick  A.  Beelen,  consul  of  Chile  at  New  York,  no  laws  of  a 
general  character  have  been  enacted  in  Chile  regulating  immigra- 
tion and  colonization,  and  the  sale  and  settlement  of  public  lands. 
The  whole  subject  is  within  the  jurisdiction  of  the  Department  of 
Foreign  Relations,  Worship,  and  Colonization,  under  whose  im- 
mediate supervision  contraccs  are  made  for  the  introduction  of 
colonists,  and  the  public  domain  is  disposed  of  according  to  such 
rules  and  provisions  as  may  be  deemed  proper  in  each  case. 

Foreign  immigration  has  been  wished  for  and  promoted  and 
encouraged  in  Chile  no  less  than  in  all  other  Republics  of  the 
American  hemisphere,  but  the  efforts  made  have  hot  been  accom- 
panied with  the  same  success.  Some  immigrants,  chiefly  from 
France,  Italy,  and  Spain,  have  been  brought  to  Chile  through 
special  agencies  for  that  purpose  created  in  different  places  in 
Europe,  but  for  some  reason  or  other  the  operation  of  these  agen- 
cies did  not  prove  satisfactory  and  the  Government  decided  to 
abolish  them. 

Colonists,  however,  are  welcomed  to  the  Republic  and  received 
with  liberality  and  that  fairness  and  spirit  of  justice  which  are 
characteristic  in  the  administration  of  the  Government  there.  jTCol- 
onists  arriving  in  the  country,  intending  to  engage  in  agriculture, 
are  provided  with  lands,  animals,  and  'other  things  necessary,  in  the 
following  way:  Each  head  of  a  family  is  given  lOO  acres  of  land, 
and  each  one  of  his  sons,  if  over  12  years  of  age,  receives  an  addi- 
tional 50  acres.  They  are  provided  also  with  seeds  and  3,  yoke  of 
oxen.  All  the  expenses  incurred  by  them  until  the  moment  in 
50 


CHILE.  51 

which  possession  of  their  farm  is  given  to  them  are  paid  by  the 
Government,  which  also  allows  them  $  1 5  every  month  for  one 
year.  Each  family  is  furthermore  given  1 50  boards  and  46  pounds 
of  nails  to  help  in  building  its  house. 

Colonists  must  pay  back  to  the  Government  wi'hin  five  years, 
without  interest,  the  amount  they  have  received.  At  the  end  of 
the  five  years,  all  payments  being  made,  a  deed  conveying  in  fee 
simple  to  the  colonist  the  absolute  ownership  of  his  farm  is  exe- 
cuted in  his  favor  and  delivered  to  him.  \ 

A  large  portion  of  the  public  lands  of  Chile  has  not  as  yet  been 
surveyed  or  even  explored.  With  the  exception  of  some  good 
land  in  Aranco,  to  the  extent,  perhaps,  of  2,000,000  acres,  the 
public  domain  lies  between  the  forty-fifth  soythern  parallel  and 
Cape  Horn.  This  area  exhibits,  as  far  as  is  known,  a  great  variety 
of  soil  and  climate.  In  the  northern  part  cereals,  vegetables,  and 
hardy  plants  can  be  cultivated  with  success,  but  in  the  extreme 
southern  part  probably  nothing  but  sheep-raising  will  be  possible. 
As  far  as  health  is  concerned,  Consul  Beelen  states  that  the  central 
provinces  of  the  Republic,  between  Aconchagua  and  Colchagua, 
are  perhaps  the  healthiest  countries  in  the  world,  while  all  the 
others  in  this  respect  leave  little  to  be  desired. 

The  public  lands  of  Chile  are  sold  at  public  auction,  at  irregular 
intervals,  and  at  prices  which  vary  greatly  according  to  the  location. 
In  some  cases  the  price  is  as  lo*v  as  5  cents  per  hectare,  but  in 
other  cases  it  goes  as  high  as  $5,000  per  hectare.  The  lands  sur- 
rounding the  Chilean  colonies  already  established  reached  at  public 
auction  in  1885  the  average  price  of  $38.50  per  hectare. 

In  many  cases  the  lands  are  not  sold  by  the  Government,  but 
merely  leased. 

No  limit  has  ever  been  fixed  by  law  to  the  amount  of  lands 
that  can  be  acquired  at  one  time,  but  generally  no  more  than  1 00 
acres  are  sold  to  one  colonist.  No  difference  is  made  between 
aliens  and  citizens,  and  all  lands,  whether  arable,  mining,  or  tim- 
ber lands,  etc.,  follow  the  same  rule. 


Colombia. 


Colombia,  as  is  known,  was  a  federal  republic  until  1886,  when 
a  new  constitution  was  adopted,  abolishing  the  federal  system  and 
converting  the  states  into  provinces,  called  departments,  with  gov- 
ernors appointed  by  the  president  of  the  Republic  and  legislative 
assemblies  elected  by  the  people. 

There  seems  to  have  been  no  legislation,  either  previous  or  sub- 
sequent to  that  reform,  enacted  by  the  General  Government  rela- 
tive to  immigration  or  colonization.  The  matter  appears  to  have 
been  under  the  exclusive  control  of  the  States,  now  departments, 
and  even  these,  with  perhaps  the  single  exception  of  the  Depart- 
ment of  Panama,  have  devoted  but  little  attention  to  the  subject. 

The  learned  Sefior  Don  Climaco  Calderon,  consul-general  ot 
Colombia  at  New  York  and  one  of  the  three  delegates  who  rep- 
resented that  Republic  in  the  International  American  Conference, 
confined  himself,  in  his  answer  to  the  inquiries  made  to  him  on 
this  subject  by  the  Bureau  of  American  Republics,  to  the  follow- 
ing statements : 

I  beg  to  reply  to  yonr  letter  dated  the  31st  ultimo. 

The  Government  of  Colombia  does  not  offer  special  inducements  to  immigra- 
tion. Bona  fide  immigrants  are  allowed  in  Colombia  25  hectares  of  public  land 
and  the  importation,  duty  free,  of  all  the  implements  and  tools  of  their  trade  and 
profession;   but  otherwise  they  are  not  helped  by  the  Government. 

In  the  Department  of  Panama  the  condition  of  things  seems  to 
be  somewhat  different,  as  appears  from  the  report  of  Mr.  Thomas 

52 


COLOMBIA.  53 

Adamson,  consul-general  at  the  city  of  that  name,  which  reads  as 
follows : 

United  States  Consulate-General,* 

Panama,  April  9,  1891. 

In  the  Department  (formerly  the  State)  of  Panami,  the  public  lands  can  not 
be  obtained  by  purchase,  but  are  given  gratuitously  to  actual  cultivators,  in  ac- 
cordance with  the  terms  of  Article  1  of  Law  61  of  1874,  viz: 

"Every  person  who  occupies  uncultivated  land  belonging  to  the  nation,  to 
which  no  especial  application  has  been  given  by  law,  and  who  establishes  thereon 
his  dwelling  and  agricultural  pursuits,  acquires  the  right  of  property  in  the  land 
which  he  cultivates,  whatever  may  be  its  extent." 

If  the  colonist  establishes  on  vacant  public  lands  pasture  grounds  for  cattle 
and  plantations  of  cacao,  coffee,  sugar-cane,  or  any  other  class  of  permanent 
plantation,  he  is  entitled  to  have  awarded  to  him  gratuitously  an  adjoining  piece 
of  ground  of  equal  extent  to  the  part  cultivated. 

The  cultivators  who  abandon  the  lands  conceded  to  them  by  this  law  for  a 
term  of  four  years  will  lose  their  right  to  such  lands,  which  will  return  to  the 
possession  of  the  Government. 

The  officers  of  the  Government  have  no  official  statistics  showing  the  extent 
of  the  unoccupied  territory  of  the  Department  of  Panamd,  but  it  is  probably 
much  within  bounds  to  estimate  it  at  twelve  millions  of  acres. 

A  large  proportion  of  the  country  is  mountainous,  but  there  are  very  fine 
plains  in  the  western  part  of  the  isthmus,  on  botk  sides  of  the  mountain  range, 
and  many  fine  valleys  between  the  hills  and  mountains. 

There  is  no  limit  to  the  amount  of  land  that  may  be  acquired  by  settlement 
and  cultivation. 

There  are  no  preemption  or  homestead  laws  in  this  district. 

There  is  no  distinction  made  in  the  manner  of  acquiring  property  by  settle- 
ment, whether  the  same  be  timber  or  agricultural  lands.  The  acquisition  of 
property  in  mineral  lands  is  governed  by  special  laws  and  the  extent  of  mining 
right  that  may  be  acquired  from  the  Government  gratuitously  is  limited  to  a  rect- 
angle of  1,800  meters  by  240  meters  on  a  vein;  and,  on  alluvion,  to  either  a 
square  of  three  kilometers  or  a  rectangle  of  five  by  two  kilometers. 

There  is  no  price  or  recognized  value  for  public  lands  here.  Aliens  may 
acquire  the  vacant  lands  of  the  Government  on  precisely  the  same  terms  as 
native  citizens,  namely,  by  settlement  and  cultivation. 

No  attempts  have  been  or  are  being  made  by  the  Federal  Government  or 
provincial  authorities  to  encourage  immigration  into  this  Department  and  th^re 
is  no  immigration  here. 


Costa    Rica. 


The  importance  of  the  problem  of  immigration  and  coloniza- 
tion has  been  recognized  in  Costa  Rica  with  not  less  earnestness 
and  good  will  than  in  any  other  of  the  nations  ot  the  New  World, 
and  both  the  people  and  the  Government  of  that  interesting  and 
progressive  country  have  tried,  with  liberality  as  well  as  prudence 
and  good  judgment,  to  give  to  it  satisfactory  solution.  The  Costa 
Rican  nation  has  thoroughly  understood  that  the  full  development 
of  its  wonderful  resources  depends  upon  the  increase  of  its  popula- 
tion by  means  of  a  regular  and  steady  current  of  immigration,  and 
has  made,  and  continues  to  make,  all  efforts  within  her  means  to 
increase  the  number  of  her  working  people,  and  add  thereby  to 
the  productive  forces  of  the  country. 

Bulletin  No.  31  of  the  American  Republics  says: 

Costa  Rica,  by  reason  of  her  geographical  position,  her  climate,  her  institu- 
tions, the  character  of  her  people,  the  nature  of  her  productions,  the  short  dis- 
tance at  which  she  finds  herself  from  all  the  great  centers  of  civilization  of  the 
world,  and  the  hearty  welcome  which  her  inhabitants  give  all  foreigners,  aiFords 
inducements  greater  than  other  nations  for  foreign  capital  and  labor  to  come  to 
her  territory  and  aid  in  the  development  of  such  wealth  and  prosperity,  as  it  is 
difficult  to  describe. 

The  constitution  of  the  country,  which  is  republican  in  the  true 
sense  of  the  word,  and  the  character  of  the  people,  who  abhor  revo- 
lution and  are  law-abiding  and  intelligent  to  the  greatest  degree, 
facilitate  considerably  the  efforts  of  the  Government  in  bringing 
immigrants  and  increasing  in  this  way  the  population  and  the 
wealth  of  the  country. 
54 


COSTA    RICA.  55 

Constitutional  guaranties  and  protection  tr  life  and  property 
are  always  in  Costa  Rica  a  practical  truth,  a  d  the  immigrant, 
who  soon  knows  this  by  experience,  and  is  received  and  treated 
everywhere  with  the  greatest  cordiality,  never  fails  to  become 
attached  to  the  country  and  identify  himself  with  its  i  iterests. 

Article  1 2  of  the  constitution  reads  as  follows : 

Foreigners  shall  enjoy  throughout  the  whole  territory  of  the  Re  ublic  exactly 
the  same  civil  rights  as  the  Costa  Rican  citizens.  They  shall  be  a^  owed  to  ex- 
ercise their  respective  industrial  occupations,  or  engage  in  commen-al  business; 
to  own  and  hold  real  estate,  or  purchase  or  sell  it ;  to  navigate  the  rivers  and 
along  the  coasts  of  the  Republic ;  to  freely  practice  their  religion ;  to  dispose  of 
their  property  bv  will,  and  to  contract  marriage  according  to  law.  They  shall 
not  be  compelled  to  become  Costa  Rican  citizens,  nor  shall  they  be  subject  to 
forced  extraordinary  taxation. 

.All  men  are  free  and  equal  before  the  law.  No  restriction  can 
be  placed  on  the  absolute  freedom  of  the  inhabitants  to  move  from 
one  place  of  the  Republic  to  another,  or  to  leave  it,  if  free  from 
responsibilities  which  under  the  law  require  their  actual  presence. 

Laws  have  no  retroactive  effect. 

Private  property  can  not  be  taken  except  for  public  use  duly 
recognized  and  proven,  and  then  the  owner  must  be  paid  pre- 
viously not  only  the  full  value  of  what  is  taken,  but  also  the  dam- 
ages which  the  deprivation  thereof  causes  him  to  sustain.  In  case 
of  war  the  payment  of  the  indemnification  is  not  required  to  be 
previously  made. 

The  house  of  every  inhabitant  of  the  Republic  is  inviolable,  and 
in  no  case  can  his  private  papers  be  taken  or  examined.  The 
secrecy  of  private  correspondence,  either  by  mail  or  telegraph,  is 
absolutely  guaranteed,  and  no  intercepted  letter  or  message  can 
ever  be  used  in  evidence. 

All  the  inhabitants  of  the  Republic  have  the  right  to  meet, 
peacefully  and  without  arms,  either  to  discuss  private  matters,  or 
to  take  action  on  political  subjects,  or  examine  the  public  conduct 
of  the  Government  functionaries. 


56  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS, 

Justice  is  admini-'tered  in  Costa  Rica  by  a  well-organized  system 
of  courts  and  trih  inals,  and  under  written  laws  as  wise  and  well 
suited  to  the  necessities  of  the  people  and  the  requirements  of  civ- 
ilization as  those  of  the  most  advanced  nations.  Capital  punish- 
ment can  ritH  be  inflicted.  The  penalty  of  confiscation  of  prop- 
erty can  nc  be  decreed  for  any  offense.  No  person  can  be  tried 
by  commi?  ioners,  or  extraordinary  courts,  nor  for  acts  or  deeds  not 
expressly -orbidden  by  law. 

No  one  can  be  compelled  to  testify  against  himself,  nor  can 
husband  or  wife  be  allowed  to  be  a  witness  against  the  other. 
The  same  prohibition  exists  in  regard  to  relations  within  the 
third  degree  of  consanguinity  or  the  second  of  affinity. 

Individual  liberty  is  guaranteed  by  the  writ  of  habeas  corpus. 
There  is  no  imprisonment  for  debt.  Trial  by  jury  is  established 
for  criminal  cases. 

The  naturalization  laws  are  very  liberal.  i\liens  can  become 
Costa  Rican  citizens,  if  they  so  desire,  by  proving  before  the  com- 
petent authority  the  three  following  circumstances,  to  wit:  First, 
that  they  are  of  full  legal  age  under  the  laws  of  Costa  Rica; 
second,  that  they  have  an  occupation,  trade,  or  profession,  or  enjoy 
sufficient  revenue  to  support  themselves;  third,  that  they  have 
resided  within  the  territory  of  Costa  Rica  for  at  least  one  year,  and 
are  of  good  moral  conduct. 

Applicants  for  admission  to  citizenship  must  file  their  petition 
to  that  effect  before  the  secretary  of  foreign  relations,  who  will 
refer  it  to  the  governor  of  the  province  or  comarca  where  the  appli- 
cant lives.  He  will  make  an  investigation  of  the  three  points  above 
stated  required  by  law,  by  examining  at  least  three  witnesses. 
Upon  his  report  and  the  record  of  their  investigation  the  secretary 
of  foreign  relations  will  grant  or  refuse  the  petition.  If  granted, 
letters  of.  naturalization  (carta  de  naturalizacidri)  will  be  issued  by 
the  President,  and  the  decree,  whether  granting  or  refusing  the 
admission  to  citizenship,  will  be  published  in  the  official  Gaceta. 


COSTA    RICA.  57 

Article  13  of  the  aliens  and  naturalization  act  of  1886,  which  is 
the  law  in  force  on  the  subject,  provides  that  naturalized  citizens 
have  the  same  rights  as  the  native-born  citizens  to  the  protection 
of  the  Government. 

One  interesting  fact  in  connection  with  this  matter,  which  places 
Costa  Rica  in  a  light  highly  creditable  to  her  really  republican 
policy,  is  that  the  Costa  Rican  congress,  by  a  law  passed  on  the 
13th  of  May,  1889,  refused  to  approve  a  provision  authorizing  the 
Executive  to  expel  from  the  Costa  Rican  territory,  or  not  to  allow 
to  land  on  it,  foreigners  who  for  any  reason  might  be  deemed  per- 
nicious. The  Costa  Rican  congress  passed  over  the  President's 
veto  a  law  rdtusing  to  approve  t-hat  provision,  on  the  ground  that 
it  was  in  violation  of  articles  12  and  42  of  the  constitution  of  the 
Republic. 

The  above  cited  Hand  Book  of  Costa  Rica  (Bulletin  No.  31 
of  the  Bureau  of  the  American  Republics)  contains  the  following: 

Foreigners  as  well  as  natives  may  acquire  real  estate,  and  public  lands  are 
granted  to  them  without  distinction,  either  by  preemption  methods,  or  by  sale 
at  public  auction. 

By  preemption  methods  natives  and  foreigners  can  acquire  the  ownership  of 
tracts  of  land  of  no  less  than  50  hectares,  or  80  acres,  by  merely  fencing  them 
and  giving  notice  to  the  local  authority  that  it  is  their  intention  to  put  them 
under  cultivation.  If  this  cultivation  is  actually  carried  on  for  two  years,  dur- 
ing which  the  settlers  can  not*  be  disturbed  in  the  possession  of  the  land,  the 
proper  pattfnt  will  be  issued  in  their  favor.  The  patentees  may  then,  if  they  so 
wish,  take  possession  of  another  tract  of  land  of  50  hectares,  and  fence  it,  etc., 
on  the  same  terjns  and  conditions  as  before;  and  so  on  indefinitely. 

But  if  the  tract  of  land  is  not  cultivated,  or  not  cultivated  to  the  extent  and 
in  the  serious  way  contemplated  by  the  law,  then  it  will  be  open  again  to  settle 
ment,  and  other  parties  may  acquire  them  on  the  same  conditions ;  the  new 
settlers,  however,  are  required  to  pay  their  predecessors  a  fair  compensation  for 
all  the  improvements,  whatever  they  may  be,  which  they  may  have  made  on  the 
property. 

At  public  auction  foreigners  and  natives  can  acquire  the  ownership  of  tract* 
of  public  land,  not  exceeding  600  hectares  for  each  person,  by  filing  a  petition 
requesting  the  commissioner  of  the  land  office  to  cause  the  tract  of  land  which 


58 


LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 


they  desire  to  be  advertised  for  sale,  the  petitioners  having  the  privilege  of  pur- 
chasing the  land  at  the  highest  price  brought  at  auction.  The  lowest  admissible 
bid  is  $5  per  hfectare  of  prairie  lands ;  $4  per  hectare  of  wooded  lands,  contain- 
ing India-rubber  trefes,  vanilla,  dye  woods,  etc.;  ^3  per  hectare  of  wooded  lands 
not  having  those  trees,  and  $2  per  hectare  of  marshy,  stony,  or  barren  lands. 

But  if  these  lands  happen  to  be  situated  at  a  distance  greater  than  1 5  miles 
from  a  town  of  3,000  inhabitants,  or  from  the  track*of  a  railroad,  the  prices 
above  named  will  be  reduced  to  one-half  If  the  distance  is  between  30  and  60 
miles,  the  price  will  be  reduced  to  one- fourth ;  and  if  it  is  greater  than  60  miles, 
the  price  will  be  one-eighth  of  the  regular  one  above  given. 

The  price  can  be  paid,  at  the  purchaser's  option,  either  in  cash  or  within  ten 
years.  If  the  latter  method  is  adopted,  interest  at  6  per  cent,  to  be  paid  an- 
nually, will  be  added.  But  if  at  any  time  the  purchaser  can  prove,  by  sufficient 
evidence,  that  the  improvements  made  by  him  on  the  land  thus  purchased  are 
worth  twice  as  much  as  the  amount  of  the  interest  still  due,  he  will  be  exempted 
from  paying  the  interest.  And  if  the  improvements  prove  to  be  worth  twice  as 
much  as  the  price  to  be  paid  for  the  land  under  the  terms  of  sale,  the  pur- 
chaser will  be  exempted  from  paying  said  price. 

For  the  purpose  of  furthering  immigration,  the  following  concessions  have 
been  made : 

THE    SAN     BERNARDO     DE    TALAMANCA    COLONY. 

Persons  desiring  to  settle  in  this  locality  are  entitled,  upon  entering  their 
names  at  the  registry  for  that  purpose  kept  at  the  proper  office  in  San  Jose,  first, 
to  free  passage  for  them,  their  families,  effects,  and  domestic  animals,  by  rail  to 
the  port  of  Limon,  and  thence  by  sea  to  Old  Harbor,  and  from  there  on  horse- 
back (six  hours)  to  San  Bernardo ;  second,  to  the  use  of  a  "house,  at  San  Ber- 
nardo, and  to  a  certain  allowance  for  their  support,  within  a  certain  period,  until 
they  can  settle  to  work ;  third,  to  the  ownership  in  fee  simple,  and  free  from 
registration  expenses,  of  a  tract  of  land  at  Talamanca  of  6  hectares  (about  10 
acres)  for  each  head  of  a  family,  and  one  additional  tract  of  6  hectares  for 
each  one  of  his  children;  fourth,  to  be  paid  monthly  the  sum  of  $17  per  family, 
for  two  years;  and,  fifth,  to  be  given  a  cow,  a  pig,  a  sow,  a  certain  number  of 
hens  and  chickens,  a  collection  of  seeds,  and  a  set  of  the  most  necessary  agricul- 
tural implements. 

Talamanca  is  a  rich  mining  and  agricultural  district,  well  provided  with  rivers 
and  everything  necessary  to  become  a  prosperous  country.  It  has,  nevertheless, 
the  disadvantage  of  containing  still  within  its  limits  some  bands  of  uncivilized 
Indians,  although  not  numerous.  These  Indians,  however,  have  never  shown 
themselves  hostile  to  the  settlers. 


COSTA    RICA.  59 

THE    BUENAVISTA    COLONY. 

Under  a  contract  with  the  Atlantic  Railroad  Company  and  the  River  Plata 
Loan,  Trust  and  Agency  Company  of  London  800,000  acres  of  land  were 
granted  for  colojiization  purposes.  Colonists  of  all  nationalities  except  negroes 
and  Chinese  are  admitted,  and  they  are  given  liberally  the  ownership  of  fertile 
lands,  in  localities  at  between  3,000  and  8,000  feet  above  the  level  of  the  sea, 
in  the  vicinity  of  the  railroad  and  not  far  from  the  centers  of  population  of  the 
Republic* 

THE    NICOYA    CUBAN    COLONY. 

Under  a  contract  with  Don  Antonio  Maceo,  and  for  the  purpose  of  promoting 
and  improving  the  cultivation  of  tobacco,  the  Government  has  set  apart  a  tract 
of  land  of  about  24,000  acres  in  the  fertile  territory  of  Nicoya.  Sefior  Maceo 
has  obtained  for  himself,  as  well  as  for  the  colonists,  the  most  liberal  concessions. 

THE    MATINA    RIVER.    COLONY. 

The  adaptability  of  the  soil  of  Matina  for  the  cultivation  of  cacao,  which  in 
former  times  rendered  this  locality  famous,  induced  the  Government  to  enter 
into  a  contract  with  Signor  Attilio  Lazaro  Riatti,  of  Italy,  for  the  purpose  of 
bringing  to  Matina  immigrants  of  any  nationality  to  engage  in  the  aforesaid 
cultivation  and  restore  as  far  as  practicable  the  former  state  of  things.  Signor 
Riatti  has  been  given  for  that  purpose  1,600  acres  of  land  in  the  neighborhood 

*A  pamphlet  referring  to  this  colony  was  printed  in  London  in  1891,  under  the  title 
of  "  Costa  Rica :  a  Home  for  Immigrants.  Pamphlet  compiled  for  the  River  Plata 
Trust,  Loan,  and  Agency  Company,  by  G.  W.  Camphus,  esq.,  the  company's  represen- 
tative in  Costa  Rica." 

A  correct  idea  can  be  formed  of  the  liberality  with  which  the  Costa  Rican  Govern- 
ment deals  on  the  subject  of  immigration  and  colonization  by  examining  Article  XXII 
of  the  concession  granted  to  this  River  Plata  Company,  which  reads  as  follows : 

"The  Government  grants  to  the  company  800,000  acres  of  public  vacant  lands,  either 
along  the  railroad  or  in  any  other  section  of  the  countn.',  as  thg  company  may  choose. 
The  lands  are  granted  together  with  all  the  natural  wealth  of  whatever  class  they  may 
have.  The  company  shall  have  also  the  belt  of  ground  necessarj*  to  build  the  railroad 
and  all  buildings  required  by  it.  Grant  is  made  to  it  in  the  same  way  of  all  the  material 
required  for  the  construction  of  the  road  and  buildings  which  may  be  found — as  lands 
belonging  to  the  State,  and  also  of  two  lots  at  Lim6n,  wherein  the  company  may  build 
its  warehouses,  wharf,  etc.  All  the  above  concessions  are  m^de  without  requiring  any 
indemnification  therefor  to  be  paid  by  the  company,  or  by  any  one  else.  The  Gov- 
ernment shall  not  lev}-  any  tax  on  the  lands  granted  until  after  the  expiration  of  20 
years,  to  be  counted  from  the  date  of  the  concession." 


60  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

of  the  Limon  Railroad  and  in  the  localities  which  once  were  more  renowned, 
and  ample  means  and  inducements  to  carry  out  this  plan  successfully  have  been 
granted  to  him. 

MR.  Reynolds's  American  colony. 

An  earnest  effort  is  being  made  by  Mr.  W.  H.  Reynolds,  of  Hornellsville, 
N.  Y.,  to  establish  an  American  colony  in  the  fertile  territory  of  the  Republic 
which  borders  upon  the  Atlantic,  on  lands  where  cacao,  coffee,  sugar-cane,  cotton, 
and  many  other  agricultural  productions  of  great  value  can  be  abundantly  raised. 
The  Government  has  given  Mr.  Reynolds  66,000  acres  of  land  to  carry  out  his 
scheme,  and  granted  exemption  from  duties  for  three  years  on  all  goods  and 
articles  imported  into  the  country  for  the  use  of  his  colonists,  and  many  other 
privileges  and  advantages  of  recognized  value. 

Mr.  Reynolds  has  bound  himself  to  take  to  the  aforesaid  locality  one  hundred 
American  families  of  good  moral  standing  and  experienced  to  engage  in  agri- 
culture, and  settle  them  in  the  places  within  the  limits  of  the  tract  granted  which 
are  best  adapted  for  the  kind  of  cultivation  selected,  and  provide  them  with  a 
house,  seeds,  implements,  and  other  things  necessary.  Sufficient  area  is  to  be  set 
apart  in  these  lands  for  the  construction  of  a  town.* 

THE    coco    ISLAND    GERMAN     COLONY. 

A  German  subject  by  the  name  of  August  Gissler  has  entered  into  a  contract 
with  the  Government  by  which  he  bound  himself  to  take  to  the  Costa  Rican 
island  named  Coco,  on  the  Pacific  coast,  a  colony  of  fifty  German  families. 
An  area  of  a  square  kilometer  is  to  be  reserved  to  build  a  town,  and  the  rest  of 
the  territory  is  to  be  divided  in  lots  of  16  hectares  each,  and  arranged  in  such 
a  way  as  to  allow  alternate  lots  to  Mr.  Gissler  and  the  Costa  Rican  Govern- 
ment. 

THE    RODRIGUEZ    COLONY. 

Under  a  contract  with  Don  Eusebio  Rodriguez,  a  rich  land-owner  in  the  San 
Carlos  Valley,  some  portion  of  the  lands  belonging  to  that  gentleman,  and  situ- 
ated in  the  immediate  neighborhood  of  the  Nicaragua  Interoceanic  Canal,  is  to 

*See  Gaceta  Oficial,  San  Jose,  August  5,  1891.  A  very  interesting  and  well-printed 
and  illustrated  pamphlet  relating  to  this  colony  was  issued  at  Hornellsville,  N.Y.,  in 
1891,  under  the  title  of  "Resources  and  Attractions  of  the  Republic  of  Costa  Rica  ; 
The  Yankee  Colony,  Hornela  ;  A  Veritable  Paradise  for  the  Agriculturist,  Lumberman, 
and  Miner.  The  Central-American  Land,  Colonization,  and  Mining  Compan)',  of  Hor- 
nellsville. N.  Y." 


COSTA    RICA.  61 

be  divided  into  lots  and  set  apart  for  colonists,  and  devoted  to  agricultural  pur- 
poses. Senor  Rodriguez  is  given  for  a  certain  time  the  use  of  $25,000,  to  be 
advanced  by  the  Government,  and  many  other  privileges  of  importance. 

OTHER    CONCESSIONS. 

In  its  desire  to  promote  agriculture,  the  Costa  Rican  Government  has  made 
other  concessions,  as  follows:  One  to  Don  Victor  Guardia  and  Don  Odil6n 
Jimenez,  for  the  establishment  of  a  sugar  plantation  at  Guanacaste ;  another  to 
Don  ]os6  Machado  y  Pinto,  for  the  establishment  of  a  bank,  under  the  name  of 
"The  Costa  Rican  Loan,  Trust,  and  Colonization  Bank,"  with  a  capital  or 
$5,000,000,  divided  into  5,000  shares  of  $1,000  each,  the  Government  guaran- 
teeing a  dividend  of  4  per  cent  a  year. 

COSTA     RICAN     LAW    ON    CITIZENSHIP    AND    NATURALIZATION,   OF    DECEMBER    20,    1886, 
AS     REENACTED    AND     AMENDED     MAY     1  3,    189O. 

Section  i.   The  following  are  declared  to  be  native  citizens  of  Costa  Rica: 

(1)  The  legitimate  son  or  daughter  of  a  Costa  Rican  father,  whatever  the 
locality  may  bein  which  he  or  she  was  born. 

(2)  The  illegitimate  son  or  daughter  of  a  Costa  Rican  mother,  whatever  the 
locality  may  be  in  which  he  or  she  was  born. 

(3)  The  illegitimate  son  or  daughter  of  a  foreign  mother  and  Costa  Rican 
father,  if  recognized  by  him. 

(4)  Any  child  born  or  found  within  the  territory  of  the  Republic,  whose 
parents  are  not  known  or  are  of  unknown  nationality. 

(5)  The  inhabitants  of  the  province  of  Guanacaste  who  finally  settled  within 
its  limits  between  the  9th  of  December,  1825,  the  date  of  the  incorporation  of 
that  province  into  the  Republic  of  Costa  Rica,  and  the  1  5  th  of  April,  1858,  the 
date  of  the  treaty  with  Nicaragua. 

(6)  The  children  of  a  foreign  father  born  within  the  national  territory,  who, 
after  completing  the  age  of  21  years,  voluntarily  inscribe  themselves  in  the  reg- 
istry of  citizens,  or  who,  previous  to  reaching  that  age,  have  been  inscribed  in 
the  same  registry  by  their  father,  or,  in  default  thereof,  by  their  mother. 

Sec  2.  Minor  children  of  a  Costa  Rican  father  who  has  lost  his  citizenship, 
may,  on  reaching  the  age  of  21  years,  be  adjudged  Costa  Ricans,  if  they  make  a 
declaration  to  that  effect  before  any  diplomatic  or  consular  officer  of  the  Repub- 
lic, if  living  abroad,  or  before  the  Secretary  of  Foreign  Relations  of  the  Republic, 
if  living  in  the  country. 

If,  besides  residing  in  the  Republic,  they  can  prove  that  before  reaching  the 
age  of  majority  they  have  served  in  some  public  office,  or  rendered  service  in  the 


62  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

national  army  or  navy,  this  circumstance,  witliout  any  further  formalities,  shall 
be  sufficient  to  invest  them  with  citizenship  as  Costa  Ricans. 

This  provision  shall  be  applicable  to  the  illegitimate  children  of  a  Costa  Rican 
mother  and  a  foreign  father,  not  recognized  by  the  latter,  if  the  mother  has  lost 
her  nationality. 

Sec.  3.   The  following  are  declared  to  be  naturalized  citizens  of  Costa  Rica: 

(1)  Foreigners  who  have  acquired,  or  may  in  the  future  acquire,  Costa  Rican 
citizenship  in  the  manner  provided  by  law. 

(2)  Costa  Ricans  who  haVe  lost  their  national  character  but  have  recov- 
ered it. 

(3)  The  foreign  wife  of  a  Costa  Rican  husband.  This  citizenship  acquired 
by  marriage  shall  be  preserved  by  the  widow  during  the  time  of  her  widowhood. 

Sec.  4.    Costa  Rican  nationality  shall  be  lost  by  the  following : 

(1)  By  Costa  Ricans  who  become  naturalized  in  any  foreign  country. 

(2)  By  Costa  Ricans  who  accept  public  offices  or  titles  or  decorations  from  a 
foreign  Government  without  permission  of  the  Government  of  Costa  Rica;  but 
nothing  of  this  provision  shall  be  construed  to  prevent  anyone  from  accepting 
literary,  scientific,  or  humanitarian  titles,  which  can  be  accepted  freely. 

(3)  By  entering,  without  permission  of  the  Costa  Rican  Government,  the 
military  service  of  any  foreign  nation,  or  enlisting  in  a  foreign  military  body. 

(4)  By  the  minor  illegitimate  son  or  daughter  of  a  Costa  Rican  mother,  at 
the  very  moment  of  his  or  her  recognition  by  his  or  her  foreign  father,  with  the 
mother's  consent. 

(5)  By  the  Costa  Rican  woman  who  marries  a. foreigner.  Her  new  nation- 
ality acquired  by  marriage  shall  remain  vested  in  her  even  if  she  becomes  a 
widow,  for  the  whole  period  of  widowhood.  But  if,  under  the  laws  of  her 
husband's  country,  the  nationality  of  her  husband  is  not  transmitted  to  her, 
then  and  in  that  case  she  will  retain  her  Costa  Rican  citizenship. 

Sec.  5.    Costa  Rican  nationality,  once  lost,  can  be  recovered  as  follows: 

1.  If  the  Costa  Rican  naturalized  in  a  foreign  country,  residing  outside  the 
territory  of  the  Republic,  returns  to  it,  and  makes  a  declaration  before  the  Secre- 
tary of  Foreign  Relations  that  he,  or  she,  wishes  to  settle  in  Costa  Rica,  and 
renounces  his,  or  her,  foreign  nationality. 

2.  If  the  Costa  Rican  who  finds  himself  in' case  No.  2  of  the  preceding  sec- 
tion comes  before  the  Secretary  of  Foreign  Relations  of  Costa  Rica  and  makes 
a  declaration  renouncing  the  office,  title,  or  decoration  given  him  by  a  foreign 
Government. 

3.  If  the  Costa  Rican  who  finds  himself  in  case  No.  3  of  the  preceding  sec- 
tion asks  permission  from  the  Government  to  return  to  the  territory  of  the 


COSTA    RICA.  63 

Republic,  and  actually  returns  to  Gosta  Rica,  if  the  permission  be  granted,  and 
fulfills  all  the  requisites  to  which  foreigners  seeking  for  naturalization  are  subject. 

4.  If  the  Costa  Rican  who  finds  himself  in  case  No.  4  of  the  preceding  sec- 
tion, comes,  when  reaching  the  age  of  21  years,  before  the  Secretary  of  Foreign 
Relations,  and  declares  that  he  chooses  to  be  a  citizen  of  Costa  Rica,  or  if  his  or 
her  father,  has  inscribed  him  or  her  in  the  registry  of  citizens  during  minority. 

5.  In  case  No.  5  of  the  preceding  section  the  widow  of  the  foreign  subject  or 
citizen  may  recover  her  original  citizenship  by  returning  to  Costa  Rica,  and 
declaring  before  the  Secretary  of  Foreign  Relations  that  she  wishes  to  settle  in 
the  country  and  that  she  renounces  her  foreign  citizenship. 

Sec.  6.  Any  change  in  the  nationality  of  the  husband,  which  may  occur  dur- 
ing the  time  of  the  marriage,  shall  be  also  effected  in  the  nationality  of  the  wife, 
if  under  the  laws  of  the  country  where  nationality  has  been  accepted  by  the  hus- 
band the  wife  has  to  follow  him,  in  so  far  as  her  national  status  and  citizenship 
are  concerned. 

Sec.  7.  The  rule  of  law  under  which  it  is  considered  that  for  all  beneficial 
purposes  a  son,  or  daughter,  is  considered  to  have  been  born  ever  since  the 
first  moment  of  his  or  her  conception,  is  applicable  to  all  cases  in  which  Costa 
Rican  citizenship  is  to  be  either  acquired,  or  retained. 

Sec.  8.  All  foreigners  can  become  naturalized  in  the  Republic  if  they  show 
by  proper  evidence  : 

1.  That  the  applicant  is  of  full  legal' age  under  the  laws  of  his  country. 

2.  That  the  applicant  has  a  profession,  or  an  office,  employment,  or  revenue, 
upon  which  he  can  live. 

3.  That  the  applicant  has  resided  in  the  Republic  at  least  one  year,  and  that 
his  conduct  has  been  good. 

Sec.  9.  No  letters  of  naturalization  shall  be  granted  to  citizens  or  subjects  of 
a  nation  with  which  Costa  Rica  may  then  be  at  war,  nor  to  anyone  who  some- 
where else  has  been  judicially  adjudged  a  pirate,  a  slave-trader,  an  incendiary,  a 
counterfeiter  either  of  coins  or  of  bank  notes,  bonds,  or  other  Government  secur- 
ities, a  murderer,  a  kidnaper,  or  a  thief. 

Naturalization  secured  in  fraud  of  the  present  law  is  absolutely  void. 

Sec.  10.  Foreigners  who  wish  to  be  naturalized  shall  appear,  either  personally, 
or  by  an  attorney  especially  authorized  for  that  purpose,  before  the  Secretary 
of  Foreign  Relations,  and  shall  set  forth  their  ihtention  and  their  desire  of  becom- 
ing a  Costa  Rican  citizen,  and  of  renouncing  their  own  nationality.  The  appli- 
cations to  this  effect  shall  be  referred  to  the  governor  of  the  province  or  of  the 
"CoiTiarca,"  in  which  the  applicant  resides,  with  instructions  to  make  an  investi- 
gation and  examine  at  least  three  witnesses  upon  all  the  points  enumerated  in 
section  8  of  the  present  law. 


64  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

The  record  of  this  investigation  shall  be  forwarded,  as  soon  as  it  is  completed, 
to  the  Secretary  of  Foreign  Relations,  and  if  it  shows  that  no  legal  obstacle  pre- 
vents the  letters  of  naturalization  from  being  granted  by  the  Government,  they 
shall  be  granted;  otherwise  they  shall  be  refused.  The  decision  of  the  Gov- 
ernment whether  granting  or  refusing  naturalization  shall  be  published  in  the 
official  paper. 

The  provisions  of  this  section  are  not  applicable  to  those  foreigners  who 
become  naturalized  citizens  of  Costa  Rica  by  operation  of  the  law  without  any 
action  on  the  part  of  the  Government.  Nor  are  they  applicable  to  those  entitled 
to,  or  authorized  to  choose,  the  Costa  Rican  nationality,  who  need  only  to  make 
the  proper  declaration  before  the  diplomatic  or  consular  officers  of  the  Republic 
in  the  country  in  which  they  may  happen  to  be,  or  before  the  Secretary  of  Foreign 
Relations. 

Sec.  1 1.  The  naturalization  of  a  foreigner  becomes  without  effi£ct  by  the  fact 
of  his  residence  in  his  native  country  for  two  consecutive  years,  unless  it  be  in 
fulfillment  of  an  official  mission  of  the  Government  of  Costa  Rica,  or  with  its 
permission. 

Sec.  1 2.    The  change  of  nationality  shall  not  have  any  retroactive  effisct. 

Sec.  13.  Naturalized  citizens  shall  be  entitled  just  as  much  as  the  native  citi- 
zens to  the  protection  of  the  Government  of  the  Republic.  Nevertheless,  if 
they  return  to  their  native  country,  they  shall  be  answerable  there  for  everything 
done  by  them  previous  to  their  naturalization  in  Costa  Rica. 

They  shall  have  the  same  rights  and  privileges  as  the  native  Costa  Ricans,  as 
well  as  the  same  duties  and  obligations ;  but  they  shall  be  disqualified  to  fill  such 
places,  or  offices,  or  ^ployments  as,  under  the  law,  require  the  incumbent  to 
be  a  native-born  citizen  of  Costa  Rica. 

Sec.  14.  Foreigners  shall  enjoy  the  rights  and  privileges  enumerated  in  Article 
12  of  the  Constitution,  and  all  the  others  which  may  have  been,  or  may  be  in 
the  future,  agreed  upon  by  treaty  with  a  foreign  nation. 

Sec.  15.  Foreigners  shall  be  bound  to  contribute,  in  the  manner  provided  by 
law,  to  all  public  expenses ;  also  to  respect  the  laws  and  institutions  of  the 
country,  obey  its  authorities,  and  abide  by  the  decisions  of  its  tribunals,  without 
having  other  remedies  than  those  which  the  laws  grant  to  the  citizens.  They 
shall  be  allowed  to  have  recourse  to  diplomatic  action,  in  such  form  as  estab- 
lished by  international  law,  only  in  case  of  denial  of  justice,  or  when  the  admin- 
istration thereof  is  willfully  delayed,  and  after  all  the  ordinary  remedies  provided 
by  law  have  been  exhausted. 

Sec.  16.  Foreigners  can  not  enjoy  the  political  rights  which  belong  to  the 
citizens.  Therefore  they  can  not  vote  in  any  popular  election,  be  elected  by 
popular  vote,  nor  serve  in  any  public  office  involving  civil  or  political  authority 


COSTA    RICA.  65 

* 

or  jurisdiction.  They  have  no  right  to  form  or  join  associations  intended  to 
take  part  in  political  matters  in  the  Republic,  and  from  such  they  must  abstain 
and  avoid  all  intervention,  and  not  even  exercise  the  right  of  petition. 

Sec.  17.  Foreigners  are  exempted  from  military  service;  but  those  who  have 
acquired  a  domicile  in  the  country  shall  be  bound  to  do  police  service,  if  so 
required,  to  secure  protection  to  property  and  the  preservation  of  peace  and 
public  order  in  the  locality  in  which  they  are  domiciled. 

Sec.  18.   Nothing  in  this  law  is  to  be  construed  as  changing  or  amending 
anything  stipulated  with  other  nations,  by  means  of  international  conventions,  in 
regard  to  citizenship,  naturalization,  and  the  rights  and  duties  of  foreigners. 
BuU.  53 5 


Ecuador. 


A  report  submitted  on  the  loth  of.  June,  1890  to  the  National 
Congress  of  Ecuador,  by  the  Secretary  of  the  Treasury  of  that 
Repubhc,  contains  the  information  that  large  tracts  of  land  of 
great  fertility  belonging  to  the  Government,  situated  in  various 
parts  of  the  country,  are  absolutely  valueless  because  no  person 
has  come  as  yet  to  settle  on  them  and  develops  their  productive 
capacities.  The  report  states  that,  although  under  the  law  of 
December  7,  1875,  the  Government  was  authorized  to  sell  the 
public  lands,  and  about  5,600  hectares  were  actually  sold  to  pri- 
vate individuals  and  companies,  most  of  the  lands  so  sold  were 
situated  in  the  neighborhood  of  cities  and  other  centers  of  popu- 
lation already  flourishing,  and  in  localities  where  agricultural  work 
had  been  already  done.  The  great  bulk  of  the  public  lands  of 
Ecuador,  comprising  zones  of  immense  extent  and  of  wonder- 
ful fertility  and  agricultural  wealth,  can  not  be  reached  without 
penetrating  the  interior  of  the  country.  These  lands,  which  lie 
on  both  the  western  and  the  eastern  sides  of  the  Andes,  are 
covered  with  forests  abounding  in  valuable  timber  of  all  descrip- 
tions, and  offer  great  opportunities  for  labor  and  enterprise. 

"No  one  comes,"  says  the  Secretary  of  the  Treasury,  "to  take 
advantage  of  these  treasures.  No  one  asks  for  them.  No  colo- 
nists come  to  these  lands;  and  while  in  the  large  cities  we  are 
starving,  the  East  and  the  West,  which  offer  us  enormous  wealth 
and  abundance,  are  entirely  ignored." 

66 


ECUADOR.  67 

President  Flores,  in  his  message  to  the  Ecuadorian  Congress, 
June  10,  1890,  refers  to  the  problem  of  foreign  immigration  in  the 
following  words : 

In  regard  to  foreign  immigration,  I  must  say  that  it  must  be  preceded  by  the 
establishment  of  the  public  credit  on  substantial  foundations,  by  good  systems  of 
communications  and  public  instruction.  I  appointed  a  board  at  Guayaquil, 
whose  duty  it  was  to  attend  to  and  promote  this  important  branch  of  the  public 
welfare,  but  that  board  has  been  unable  to  do  anything  for  want  of  means.  Can 
we  ever  expect  to  have  any  immigration  at  all  without  expending  annually  the 
sums  of  money  which  many  South  American  nations  —  not  to  say  anything  of 
others  on  the  north  —  carefully  devote  to  that  purpose?  Can  we  do  less  than 
those  nations,  much  more  favored  than  ours  as  far  as  climate  and  facilities  of 
transportation  are  concerned,  especially  Chile,  Uruguay,  and,  above  all,  the 
Argentine  Republic,  which  in  this  respect  must  serve  as  a  model  to  all  the  other 
republics  of  Spani^  America?  The  problem  of  foreign  immigration,  which^I 
have  practically  studied  for  many  years  in  the  United  States,  and  in  regard  to 
which  I  see  that  many  of  our  fellow-citizens  entertain  many  illusions,  depends 
for  its  solution  upon  high  salaries,  good  climate,  ample  facilities  of  communica- 
tion, abundance  of  means  to  make  a  living  and  accumulate  wealth;  and  all  this 
aided  by  bureaus  of  information  in  Europe,  the  payment  of  the  passages,  and  the 
advantages  given  to  the  immigrants,  who,  as,  for  instance,  in  Canada  and  the 
Argentine  Republic,  are  lodged  and  boarded  at  the  expense  of  the  nation  in 
hotels  kept  by  the  Government,  and  afterwards  provided  with  lucrative  labor. 
If  we  lack  all  these  elements,  which  are  the  base  upon  which  all  plans  of  immi- 
gration must  rest,  how  can  we  expect  to  compete  with  the  nations  which 
possess  them,  and  which  expend  large  sums  of  money  every  year  to  enlarge  and 
improve  them  ? 

See  what  other  American  Republics  expend  for  the  purpose  of  attracting 
foreign  immigration  to  their  territory,  whether  through  the  instrumentality  of 
private  companies  and  the  State  governments,  as  is  done  in  the  United  States, 
or  through  the  action  of  the  National  Government.  The  Argentine  Republic, 
after  having  established  immigration  bureaus  in  the  principal  European  centers, 
made  arrangements  with  the  National  Bank  and  became  responsible  to  it  for 
$1,000,000  for  the  payment  of  passages  in  advance.  In  1889  Uruguay  applied 
a  portion  of  a  loan  of  twenty  millions  to  promote  immigration,  and  entered  into 
contracts  for  the  settlement  on  its  territory  of  two  or  three  thousand  Italian 
families,  and  one  thousand  from  Viscaya.  In  the  v«y  same  year  Brazil  voted 
for  identical  purposes  $5,000,000.  Are  we  in  such  a  condition  as  to  be  able  to 
expend  money  for  immigration  purposes?     And  even  if  our  budget  would  allow 


68  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

us  to  do  so,  would  that  expense  be  justified  in  view  of  the  condition  of  our 
roads  and  of  the  fact  that  we  have  no  work  to  give  to  the  immigrants  ?  That 
which  happened  with  the  Jamaicans  brought  from  the  Isthmus  for  the  works  of 
the  Southern  Railroad,  and  the  rapid  dispersion  of  the  10,000  laborers  who 
had  worked  there  in  the  canal,  are  facts  sufficient  in  themselves  to  answer  the 
question. 

Let  us  reestablish  our  credit ;  let  us  offer  guaranties  to  all  foreigners ;  let  us 
afford  facilities  to  come  to  our  country  and  to  travel  within  its  limits ;  let  us 
furnish  comfort  and  means  of  prosperity,  and  then,  and  then  only,  we  shall  have 
immigration.  In  the  meantime  it  is  simply  loss  of  time  to  occupy  ourselves  with 
this  matter. 

The  immigrants  now  settled  in  Ecuador  coming  from  Colombia  are  calcu- 
lated to  be  40,000.  They  are  the  only  ones  whom  we  can  have  for  the  moment, 
and  we  must  treat  them  as  brothers,  and  remember  that  in  the  dawn  of  the 
Ecuadorian  nationality  our  country  wanted  no  other  name  than  "  Ecuador  in 
Colombia."  Seven  years  ago  in  testimony  of  that  fraternity  I  dedicated  to 
conservative  Colombians  before  their  triumph  my  work  on  the  Great  Marshal 
of  Ayacucho. 

Hatred  to  foreigners  is  a  sentiment  felt  only  among  people  little  advanced 
in  civilization  and  is  antagonistic  to  Christian  charity.  There  is  not  only  honor, 
but  also  advantage,  in  treating  the  foreigners  well.  The  United  States  are  a 
good  example  of  this  truth,  because,  thanks  to  foreign  immigration,  thev  have 
succeeded  in  little  more  than  one  century  in  increasing  their  population  from 
3,000,000  to  65,000,000,  an  increase  which  will  continue,  as  I  calculate,  at  the 
rate  of  1,000,000  per  year.  Owing  to  this,  they  can  compete  in  civilization 
and  progress  with  the  most  advanced  nations  of  the  Old  World. 

Although,  as  fully  aware  as  the  most  and  the  best  informed,  of  all  the  advan- 
tages of  immigration,  I  will  abide  in  full  agreement  with  the  Council  of  State, 
by  the  decree  which  forbade  Chinese  immigration.  The  reasons  on  which  this 
prohibition  is  based  are  set  forth  in  a  separate  message. 

Law  of  December.   7,  1875,  on  the  Sale  of  Public   Lands. 

Article  1.  Authority  is  hereby  given  to'  the  Executive  Power  to  sell  all  the 
lands  which,  according  to  Article  579  of  the  Civil  Code,  belong  to  the  State; 
such  sales  to  be  made,  however,  subject  to  the  provisions  of  the  present  law. 

Art.  2  The  Executive  shall  also  have  power  to  sell,  under  proceedings  of 
condemnation  of  Article  98  of  the  Constitution,  such  lands  granted  by  the  Gov- 
ernment to  private  parties  as  are  now,  or  may  be  found  hereafter,  uncultivated ; 
provided   that   ten   years   have  elapsed   since  the  concession,  and  provided  also 


ECUADOR.  69 

that  a  railroad,  or  a  road  of  another  kind,  giving  value  and  importance  to  the 
said  lands,  has  been  built  by  the  Government  or  at  its  expense. 

Nothing  in  this  provision  shall  be  construed  as  being  applicable  to  lands 
difficult  of  cultivation,  as  the  Cosdillera  desert,  the  pasture  grounds,  or  the 
swamps  near  the  coast. 

Art.  3.  Preference  shall  be  given  in  the  sale  of  public  lands  to  those  who  arc 
actually  engaged  in  their  cultivation,  whether  wholly  or  partially,  and  to  the 
owners  of  the  neighboring  tracts  of  lands,  if  they  do  not  own  more  than  200 
hectares. 

If  the  tract  of  land  under  cultivation  does  not  exceed  20  hectares  the  Execu- 
tive Power  shall  make  the  transfer  of  the  ownership,  and  give  the  title  to  and 
in  the  said  tract  to  the  cultivator  thereof  gratis,  or  without  requiring  him  to  pay 
any  price  for  it,  provided  that  the  said  purchaser  habitually  resides  within  its 
limits. 

Art.  4.  All  sales  or  concessions  of  public  lands  shall  be  made  upon  previous 
surveys  and  demarkation  of  the  limits  of  the  tracts  or  lots  sold,  which  shall 
never  exceed  200  hectares.  If  between  the  area  thus  fixed  and  some  natural 
limit,  as  for  instance  a  river,  a  lake,  etc.,  some  vacant  space  should  be  found 
less  than  one  hundred  hectares  in  extent,  it  shall  be  annexed  to  the  adjacent  lot. 

Such  sales  as  have  been  heretofore  made,  without  previous  survey,  or  upon 
an  incorrect  one,  shall  be  held  to  be  valid  in  so  far  as  the  amount  of  land  which 
according  to  the.  standard  of  prices  established  by  previous  laws,  or  fixed  at 
public  auction,  at  any  time  subsequent  to  the  first  disposition  thereof,  has  been 
paid  for.  But  this  provision  is  applicable  only  to  these  sales  of  public  lands  made 
after  the  date  on  which  the  law  of  October  13,  1821,  was  put  into  force  in  the 
territory  of  Ecuador. 

Art.  5.  The  Government  shall  appoint  the  engineer  or  surveyor  to  whom 
the  survey  of  the  public  lands  is  to  be  entrusted ;  and  the  said  engineer  or 
surveyor  shall  divide  the  lots,  and  mark  the  limits  of  each  one  by  planting 
trees,  or  otherwise,  and  draw  up  the  proper  map. 

All  the  expenses  incurred  in  this  operation  shall  be  paid  by  the  Government ; 
but  each  purchaser  shall  be  bound  to  pay,  over  and  above  the  price  of  his  lot,  a 
sum  equivalent  to  10  per  cent  on  the  amount  of  the  price,  which  shall  be  applied 
to  cover  said  expenses. 

Art.  6.  The  price  to  be  paid  for  each  acre  of  ground,  of  whatever  class, 
situated  at  an  altitude  higher  than  2,000  meters  above  the  level  of  the  sea  shall 
be  20  cents.  If  the  lands  are  at  an  altitude  varying  from  one  thousand  to  two 
thousand  meters,  the  price  shall  be  30  cents;  but  if  they  are  situated  at  any 
height  less  than  1,000  meters,  the  price  shall  be  40  cents  per  hectare. 

Such  tracts  of  land   as  are  comprised  in   the  two  last-mentioned  classes  and 


70  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

prove  to  be  stony  shall  be  counted  as  of  only  one-half  their  real  area,  so  that, 
for  the  purpose  of  making  one  lot,  two  hectares  shall  be  held  to  be  one. 

The  parties  interested  in  the  purchase  of  these  lands  shall  submit  sealed  pro- 
posals to  the  governor  of  the  locality,  who  shall  forward  them  to  the  Secretary 
of  the  Treasury  after  15  days  have  elapsed  subsequent  to  the  publication  of  the 
proper  notices  or  advertisements.  The  Secretary  of  the  Treasury  shall  make 
the  adjudication  or  concession  in  favor  of  the  highest  bidder,  provided  the 
price  offered  by  him  be  not  lower  than  the  one  established  by  law. 

The  deed  of  sale  shall  not  be  executed  until  after  the  purchaser  has  paid  into 
the  Treasury  the  price  of  the  land  and  the  10  per  cent  additional  to  cover  the 
survey  expenses.  This  payment  shall  be  made  within  fifteen  days  from  the  date 
of  the  adjudication  or  concession. 

As  soon  as  the  payment  is  made  the  Secretary  of  the  Treasury  shall  cause  the 
deed  to  be  executed  before  the  proper  notary  public,  and  shall  then  deliver 
it  to  the  purchaser,  who  shall  have  to  pay  no  fees  or  charges  of  any  kind  for  it. 
The  certificate  of  payment  of  the  price  into  the  Treasury  shall  be  fully  inserted 
in  the  deed. 

Sales  shall  become,  2^i6»  J Mr^,  void; — (1)  if  the  purchaser  do  not  pay  the  price 
of  the  land  within  the  period  stated  in  one  of  the  foregoing  paragraphs;  (2)  if 
the  purchaser  do  not  put  at  least  one-fifth  of  the  lot  under  cultivation  within 
ten  years  after  the  date  of  the  deed.  In  the  latter  case  the  price  paid  by  the 
purchaser  shall  be  forfeited  for  the  benefit  of  the  nation. 

Art.  7.  The  lots  shall  be  sold  alternately,  so  as  to  allow  in  all  cases  one  lot 
between  two  adjacent  ones  to  be  left  vacant  and  subject  to  future  disposition. 

One  fifth  part  of  the  lands  so  reserved  shall  be  set  apart  to  defray  the  ex- 
penses of  public  instruction  and  of  the  municipal  service  required  by  the  new 
towns  to  be  erected  in  those  localities,  for  the  establishment  of  inns,  for  the 
support  of  watchmen  or  policemen  doing  service  on  the  roads,  and  of  religious 
and  charitable  institutions. 

The  intermediate  lots  shall  not  be  sold  until  at  least  a  fifth  part  of  the  area 
of  each  adjacent  lot  is  under  cultivation. 

Art.  8.  The  Bureau  of  Statistics  shall  keep  and  preserve  the  maps  made  by 
order  of  the  Government,  preliminary  to  the  sale  of  any  tract  of  public  land. 
An  index  or  registry  of  the  sales  made  shall  be  also  kept  at  that  bureau,  and  the 
proper  reference  thereto  shall  be  made  on  each. 

Art.  9.  Whenever  the  lands  to  be  disposed  of  under  the  provisions  of  this 
law  are  covered  by  forests  dividing  provinces,  cantons,  or  parishes  from  each 
other,  the  determination  of  the  limits  of  each  territorial  division  shall  belong  to 
the  Council  of  State.  The  Council  of  State  shall  give  preference,  whenever 
practicable,  to  natural  limits. 


ECUADOR.  71 

Art.  10.  The  Government  shall  make  grants,  of  no  more  than  one  hun- 
dred hectares,  for  the  establishment  of  colonies;  but  no  deed  of  ownership  of 
said  land  shall  be  given  until  the  latter  is  under  actual  cultivation,  and  has  been 
so  for  five  years  at  least. 

Art.  11.  In  order  to  secure  the  preservation  of  peace  and  order  on  the  public 
roads  to  be  opened  across  the  forests  referred  to  in  the  foregoing  articles,  for 
the  keeping  of  the  same  in  good  repair,  and  protection  of  the  mail  service,  a 
police  shall  be  organized  by  the  Government  in  such  a  way  as  to  allow  posts 
to  be  kept  at  the  distance  of  from  6  to  1 5  miles  apart.  Each  post  or  station 
shall  consist  of  a  house,  built  at  the  expense  of  the  Government,  and  a  lot  of 
100  hectares  capable  of  cultivation.  It  shall  be  provided  with  all  the  necessary 
agricultural  implements,  tools,  material,  and  everything  required  to  keep  the 
section  of  road  to  which  the  station  belongs  in  good  condition  of  repair.  ♦  ♦  ♦ 


Guatemala. 


Guatemala  is  a  country  of  not  more  than  i,22<j,6o2  inhabitants 
scattered  over  a  territory  of  46,800  square  miles.  This  gives  a 
rate  of  about  26  persons  per  square  mile  and  shows  the  great 
necessity  of  attracting  foreign  immigration  to  that  country,  if 
its  agricultural  and  other  resources  are  to  be  properly  developed. 

The  Guatemalian  Government,  recognizing  the  importance  ot 
giving  due  attention  to  this  subject,  has  enacted  a  series  of  laws 
bearing  upon  it,  and  besides  has  taken  steps  in  a  more  practical 
direction  to  accomplish  the  same  purpose.  All  of  this  has  been 
mentioned  in  the  Hand  Book  of  Guatemala,  printed  as  Bulletin 
No.  32  of  the  Bureau  of  the  American  Republics,  and  from  it 
the  following  is  taken : 

IMMIGRATION. 

Guatemala  is  a  healthy  country,  abounding  in  vacant  and  fertile  lands,  almost 
two-thirds  of"  which  are  not  cultivated  for  want  of  labor,  and  the  country  offers 
great  advantages  to  immigrants.  The  soil  needs  no  fertilizers,  and  the  indus- 
trious immigrant,  even  without  capital,  will  simply  have  to  till  the  land  slightly 
and  sow  the  grain  to  obtain  in  six  months  a  sufficient  crop  for  the  ample  sup- 
port of  a  family,  and  until  the  cuttings  and  seeds  that  require  transplanting — 
as  is  the  case  among  others  with  coffee  and  cacao — are  in  a  condition  to  secure 
for  him  in  the  near  future  an  assured  independence.  Another  industry  that 
could  not  fail  to  become  very  profitable  is  the  raising  of  poultry,  which  thus 
far  is  much  neglected,  though  it  brings  extremely  good  prices. 

A  few  years  ago  it  happened  that  a  vessel  with  Italian  immigrants  bound  for 

the  Argentine  Republic  arrived  in  Guatemala,  and  though  nothing  was  prepared 

for  their  reception,  everyone  found  employment  without  difficulty.     Some  had 

no  capital  whatever,  and,  without  any  other  tool  except  a  scythe,  made  a  living 

72 


GUATEMALA.  73 

by  cutting  grass  in  the  fields  and  selling  it  in  the  city,  until  they  could  improve 
their  condition.  This  they  soon  succeeded  in  doing;  for  they  earned  good 
wages,  some  in  cultivating  garden  truck,  others  in  raising  pigs,  taking  care  of 
cattle,  etc. 

What  precedes  relates  particularly  to  immigrants  without  means.  Those 
who  possess  a  little  money  can  make  a  fortune  within  a  few  years  in  establishing 
coffee  or  cacao  plantations.  Others  who  have  a  profession  or  trade  find  unlim- 
ited fields  to  exercise  it  profitably.  No  person  ever  left  the  country  on 
account  of  a  want  of  opportunity  to  invest  his  capital  or  for  lack  of  lucrative 
employment  when  he  cared  to  work. 

The  Government  protects  and  encourages  immigration  in  a  very  liberal  and 
efficacious  manner.  By  a  decree  dated  the  20th  of  January,  1877,  it  established 
a  society  of  immigration  with  funds  for  its  support  derived  from  the  sales  of 
the  -public  lands  and  other  sources. 

The  following  are  the  principal  articles  of  the  law  of  its  organization: 

Art.  4.  The  society  is  empowered  to  dispose  of  the  public  lands  {terrenes 
baldios)  that  may  be  required  to  carry  out  the  important  purposes  of  its  founda- 
tion. 

Art.  5.  A  central  bureau  shall  represent  the  society  before  any  tribunal,  depart- 
mental, and  local  authorities,  whenever  any  questions  shall  arise  connected  with 
immigration  or  contracts  relating  to  it. 

Art.  9.  This  bureau  is  empowered  to  attend  to  petitions  for  the  ingress 
of  immigrants,  based  on  contracts  with  private  parties. 

Art.  10.  It  shall  also  give  its  attention  to  petitions  for  situations  on  favorable 
terms,  from  immigrants  arriving  without  a  previous  engagement. 

Art.  1 1.  Private  parties  desiring  to  bring  immigrants  to  work  for  them  must 
previously  obtain  a  special  permission  from  the  Government,  which  shall  refer 
the  application  to  the  society. 

Art.  1  2.  The  bureau  may,  in  case  of  need,  give  the  parties  interested  all  the 
assistance  within  its  power,  provided  they  refund  to  the  treasury  of  the  society 
the  amount  disbursed  in  their  behalf. 

•Art.  14.  In  the  capital  or  other  localities  where  there  are  no  commissioners 
of  immigration,  the  bureau  shall  provide  board  and  lodging  for  all  immigrar^ts 
coming  on  its  account,  for  a  period  not  exceeding  fifteen  days;  and  that  period 
mav  be  extended  according  to  circumstances. 

Art.  22.  Besides  the  home  agents,  the  society  shall  have  the  power  to  appoint 
others  to  reside  abroad  at  the  places  deemed  most  convenient. 

Art  .  30.  These  agents  in  foreign  countries  shall  pay  the  passage  money  entirely 
or  in  part,  when  authorized  to  do  so,  and  shall  enter  into  contracts  for  the 


"74  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

transportation  of  immigrants,  according  to  the  instructions  received  from  the 
central  bureau. 

Art.  34.  Every  foreigner,  being  a  laborer,  artisan,  factory  hand,  agriculturist, 
or  servant,  who  is  less  than  fifty  years  of  age,  coming  on  his  own  account  or  at 
the  expense  of  the  society  or  of  private  parties,  shall  be  considered  an  immigrant. 

Art.  36.  Every  immigrant  having  obtained  a  certificate  of  immigration  shall 
be  entitled  to  the  following  privileges : 

Fi'-st.   To  a  passage  in  the  ships  chartered  for  the  purpose. 

Second.   To  land  free  of  charge  at  the  ports  of  the  Republic. 

Third.  To  introduce  free  of  duties  jewels  for  personal  use,  wearing  apparel 
necessary  household  furniture,  machines,  agricultural  implements,  seeds,  portable 
houses  for  his  own  dwellings,  tools,  domestic  animals,  carts  for  his  own  use,  and 
provisions  for  six  months ;  but  for  once  only. 

Art.  38.   Immigrants  shall  be  divided  into  three  classes: 

First.  Those  coming  voluntarily  and  at  their  own  expense,  attracted  by  the 
advantages  of  this  law  and  by  the  country  itself 

Second.  Those  ordered  by  private  parties,  either  directly  or  through  the 
society. 

Those  of  the  first  class  shall  have  the  right  to  ask  the  assistance  of  the  society 
in  the  acquisition  by  them,  on  easy  terms,  of  the  best  situated  lands,  materials, 
seeds,  and  domestic  animals. 

Those. of  the  second  class,  when  ordered  by  the  society,  shall  be  entitled  to 
the  assistance  and  support  of  the  society  in  exacting  the  fulfillment  of  the  promises 
made  to  them  by  the  private  parties  who  brought  them. 

They  shall  also  be  entitled  to  free  transportation  inland ;  to  be  lodged  by  the 
agents  of  the  society  or  by  the  central  bureau  during  the  first  fifteen  days  after 
their  arrival,  before  starting  for  their  destination,  and  to  free  medical  attendance 
from  the  physician  appointed  by  the  central  bureau  or  its  agents,  and  to  be 
carried  to  the  hospital  should  their  sickness  require  it,  and  there  to  receive  careful 
attention. 

Immigrants  of  the  third  class  shall  have  the  right  to  claim  one  or  more  lots 
on  the  lands  appropriated  by  the  society,  free  of  cost,  if  they  are  public  lands, 
or  payable  on  the  terms  agreed  in  the  contracts,  if  the  lands  belong  to  the 
society  by' any  other  title. 

They  shall  also  have  the  right  to  be  supplied  with  the  necessary  implements 
for  their  labors,  with  oxen  and  other  cattle,  seeds,  dwelling  houses,and  in  some 
cases  with  money  and  provisions  for  a  time  fixed  by  contract. 

Finally,  they  shall,  during  ten  years,  be  exempted  from  export  duties  on  their 
crops,  provided  the  latter  belong  to  them  exclusively,  and  shall  enjoy  all  the 
privileges  granted  by  Articles  50,  51,  and  52. 


GUATEMALA.  75 

Art.  41.  Hamlets  or  agricultural  settlements  may  be  established  on  public 
lands  given  gratuitously,  or  on  private  lands  acquired  by  the  society  through 
purchase  or  otherwise. 

Art.  43.  Forests,  timber  lands,  lands  covered  with  pines,  firs,  mahogany, 
cedar,  and  other  large  trees  shall  not  be  included  in  the  above  grants. 

Art.  47.  The  free  concessions  of  the  public  lands  to  the  companies  or  the 
immigrants  shall  be  provisional ;  but  they  shall  obtain  final  ownership  on  their 
fulfillment  of  the  conditions  of  the  grant,  when  they  shall  receive  the  legalized 
titles  for  the  same. 

Art.  48.  If  the  stipulated  conditions  are  not  complied  with  within  four  years, 
the  grants  shall  be  null  and  void,  and  all  works  and  buildings  erected  or  in  course 
of  erection  shall  definitively  become  the  property  of  the  State. 

Art.  50.  During  ten  years,  counting  from  the  date  of  the  provisional  con- 
cession, the  immigrants  settled  on  the  public  lands  shall  not  pay  any  direct  tax 
whatever,  and  shall  likewise  be  exempt  during  the  same  term  from  any  other 
impost  or  personal  charge,  with  the  exception  of  the  service  relative  to  high- 
ways, which  they  shall  perform  accgrding  to  the  law  now  in  force  relating  thereto. 

Art.  51.  All  immigrants  settled  in  the  Republic  under  this  law  shall  be 
exempt  from  military  service. 

Art.  52.  They  shall  be  entitled  to  introduce,  free  of  duty,  during  the  term 
of  four  years,  the  instruments,  tools,  machines,  and  other  implements  they  may 
need  for  their  work. 

Art.  56.  A  formal  renunciation  of  nationality  and  of  the  rights  of  foreign 
citizenship  must  precede  all  contracts  making  free  concessions  of  lands  to  establish 
hamlets  or  agricultural  settlements ;  and  this  renunciation  shall  be  made  at  the 
place  of  emigration  to  this  Republic  by  those  doing  so  at  the  expense  of  the 
Government  or  the  society ;  and  the  said  renunciation  shall  be  legalized  in  ac- 
cordance with  the  laws  of  the  nation  to  which  such  emigrants  may  belong,  the 
same  to  be  ratified  before  consuls  or  consular  agents  of  the  Republic. 

PURCHASE  OF  UNCULTIVATED  OR  VACANT  LANDS. 

The  following  are  the  principal  articles  of  the  fiscal  code  concerning  the 
purchase  of  uncultivated  or  vacant  lands: 

Art.  593.  The  uncultivated  or  vacant  lands  are  those  which  the  authorities 
do  not  reserve  for  public  use  and  are  not  legitimately  owned  by  any  private 
individual  or  corporation. 

Art.  594.  Guatemalians  and  foreigners  can  acquire  vacant  lands  by  conform- 
ing themselves  to  the  provisions  contained  in  the  present  code. 

Art.  612.  The  appraisal  of  vacant  lands  shall  be  made  by  experts,  and  the 
cash  price  settled  on  the  following  basis : 


76  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

First.  Two  dollars  per  hectare  {2%  acres),  if  the  lots  of  vacant  lands  are  level 
and  covered  with  natural  pastures. 

Second.  One  dollar  and  a  half  if  they  are  level  and  covered  with  brush,  but 
from  which  natural  products,  such  as  sarsaparilla,  gutta-percha,  etc.,  can  easily 
be  obtained. 

Third.  One  dollar  per  hectare  (2^  acres),  if  there  are  bushes  without  the 
products  referred  to  in  the  preceding  paragraph. 

Fourth.  Eighty  centavos  per  hectare  if  the  lands  are  mostly  uneven,  stony, 
miry,  broken,  sterile,  etc. 

Fifth.  The  vacant  lands  which  are  60  miles  distant  from  the  nearest  center  of 
population  may  be  appraised  at  one-fourth  of  the  price  of  those  belonging  to 
the  categories  mentioned  in  the  preceding  paragraph. 

Foreigners  on  arriving  in  the  territory  of  the  Republic  are  strictly  enjoined 
to  respect  the  authorities  and  to  obey  the  laws,  for  by  so  doing  they  acquire  the 
right  of  being  protected  by  them.  Neither  Guatemalians  nor  foreigners  can  in 
any  case  claim  from  the  Government  any  indemnity  for  damages  and  injuries  to 
their  property  or  person  caused  by  revolutions. 


Honduras. 


Many  efforts  have  been  and  are  now  being  made  in  Honduras 
to  promote  and  encourage  immigration  and  colonization.  The 
country  is  much  in  need  of  success  in  this  respect,  because  its 
population,  estimated  at  431,917,  is  scattered  over,  an  area  of 
47,090  square  miles,  while  its  magnificent  resources  of  all  kinds, 
capable  of  producing  the  most  abundant  returns  for  the  labor 
bestowed,  have  been  developed  in  only  a  very  slight  degree. 

The  Government  of  Honduras  has  been  liberal  to  the  utmost 
degree  in  the  disposition  of  the  public  lands.  At  no  later  date 
than  the  20th  of  October,  1891,  the  Secretary  of  Foreign  Rela- 
tions of  that  Republic,  Senor  Don  leronimo  Zelaya,  who  repre- 
sented it  at  the  International  American  Conference,  stated  in  a 
letter  to  the  director  of  the  Bureau  of  the  American  Republics 
that  in  Honduras  "it  is  easy  to  obtain  lands  at  a  very  low  price, 
and  even  gratis,  on  the  northern  coast,  upon  application  to  the 
Govemment." 

Public  lands  in  Honduras  can  be  acquired  by  two  methods: 

First.  By  concession  from  the  National  Government,  to  be  ob-- 
tained  by  petition,  which  must  be  written  on  stamped  paper  and 
presented  to  the  Minister  of  Fomento  (public  works).  In  this 
case  the  Govemment  will  state  what  equivalent  is  to  be  given  it 
in  return  for  the  concession,  and  will  require  also  some  proper 
security  for  the  due  performance  of  the  contract. 

Second.  By  denouncement;  in  which  case  the  applicant  must 
present  himself  to  the  administrator  of  revenue  of  the  depart- 

77 


yS  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

ment  in  which  the  land  is  situated  and  make  a  formal  declaration 
that  the  land  is  vacant.  He  shall  describe  it  by  its  best  known 
name  and  recognized  boundaries,  and  state  its  approximate  area 
and  the  quality  of  the  soil;  that  is,  whether  it  is  pasture  or  agricul- 
tural land.  If  the  administrator  find  that  the  land  is  govern- 
ment property  and  that  it  is  really  vacant,  he  will  order  it  to  be 
sold,  at  public  auction,  to  the  highest  bidder,  preference  to  be 
given,  however,  on  equal  terms,  to  the  denouncer. 

The  minimum  prices  for  government  lands  per  manzana  (about 
two  acres)  are  as  follows: 

First.  Lands  suitable  only  for  pasture,  whether  timbered  or  not, 
50  cents. 

Second.  Fertile  lands,  whether  timbered  or  not,  suitable  for 
agriculture,  whether  by  reason  of  the  natural  condition  of  the  soil 
or  on  account  of  the  streams  running  through  them,  $  1 . 

Third.  Lands  within  a  league  from  the  banks  of  a  navigable 
river  or  lake,  $  1 .50. 

Fourth.  Lands  which  offer  exceptional  commercial,  agricul- 
tural, or  other  advantages;  the  discretion  of  the  Government 
being  in  this  case  always  reserved,  $2. 

These  values  are  given  in  the  Honduras  monetary  unit,  the 
peso^  which  is  equivalent  to  61.7  cents  in  United  States  money. 

The  difficulty  which  exists  at  present,  in  regard  to  Government 
lands,  is  that  most  of  those  within  easy  access  from  the  coast,  or 
from  the  capital,  have  been  disposed  of  Those  which  remain 
vacant  are  situated,  generally,  at  a  distance  from  the  freqented 
routes  of  commerce,  and  offer  serious  obstacles  to  the  transporta- 
tion of  their  products.  For  this  reason  people  have  generally 
preferred  to  buy  private  lands,  even  at  a  much  higher  price,  $5 
per  ffianzana^  and  have  found  an  ample  compensation  for  the 
heavy  rates  of  freight  and  increased  risks  and  expenses  to  which 
they  would  otherwise  be  subjected. 

Negotiations  have  been  concluded  for   extending  the  Inter- 


HONDURAS.  79 

oceanic  Railroad  from  its  present  terminus  at  San  Pedro,  near 
the  Atlantic,  to  the  Pacific,  and  it  is  stated  that  the  necessary 
capital  has  been  secured  in  the  United  States.  The  concession 
is  a  very  liberal  one,  including  land  grants  and  an  annual  subsidy 
of  $1,000  for  each  mile  of  road  in  operation. 

A  French  company  has  just  finished  the  surveys  for  a  railroad 
from  Tegucigalpa  to  San  Lorenzo  on  the  Pacific  coast,  and  the 
prospects  are  that  the  work  of  construction  will  begin  very  soon. 

The  best  localities  for  fruit  growing  are  those  situated  near  La 
Ceiba  or  Puerto  Cortes,  both  of  them  on  the  Caribbean  Sea, 
whence  the  products  of  the  soil  can  be  carried  regularly  by  the 
steamers  touching  there.  But  in  the  neighborhood  of  those  places 
there  are  no  vacant  Government  lands. 

A  New  York  syndicate  has  recently  purchased  a  tract  of  more 
than  100  square  miles  of  magnificent  fruit  and  timber  land  near 
Puerto  Cortes,  and  proposes  to  make  a  vigorous  effort  for  the 
colonization  and  improvement  of  that  extensive  region. 

In  this  matter  of  the  lands  of  Honduras,  and  of  the  laws  regu- 
lating their  sale  and  settlement,  nothing  can  be  said  which  may 
give  a  better  or  more  complete  idea  than  the  report  of  Mr.  D.  W. 
Herring,  consul  of  the  United  States  at  Tegucigalpa,  submitted 
to  the  State  Department  of  the  United  States  on  December  27, 
1888.     It  reads  as  follows: 

United  States  Consulate, 

Tegucigalpa,  December  27,  18SS. 

REPORT    ON     LANDS    AND    LAND    LAWS    IN     HONDURAS.      • 

So  many  questions  have  been  written  to  this  consulate  by  Americans  concern- 
ing the  lands  and  land  laws  of  Honduras  that  I  have  felt  certain  such  a  translation 
as  the  inclosed  would  be  highly  valued  by  all  such  as  contemplate  investment 
in  this  country.  That  it  is  a  plain,  simple  answer  by  the  Government  itself  to 
many  such  questions  is  a  sufficient  reason  for  its  being  sent  from  this  consulate. 

HE    NEW     UNIT    OF    MEASURE. 

A  very  noteworthy  amendment  of  this  law  is  that  it  establishes  a  unit  of 
measure,  exact,  uniform,  and  unmistakable,  in   place  of  the  ancient  and  uncer- 


8o  LAWS    RELATING   TO    IMMIGRATION    AND    PUBLIC    LANDS. 

tain  "caballeria,"  formerly  the  unit  of  measure,  and  extremely  indefinite  in  its 
leaning.  It  has  not  only  various  meanings  separate  or  not  relating  to  land, 
but,  as  regards  land,  its  meaning  is  not  the  same  in  Honduras  as  in  some  other 
countries.  This  indefiniteness  of  meaning  was  continually  causing  mistakes 
Making  inquiries  as  to  what  was  a  caballeria,  the  answers  received  did  not 
harmonize,  and  not  knowing  or  thinking  that  there  was  a  conventional  caballeria 
in  Honduras,  I  naturally  went  to  the  standard  Spanish-English  dictionary  to 
ascertain  the  meaning  of  caballeria,  and  found  it  defined  therein  as  "a  tract  of 
land  of  about  33]^  acres.  United  States  measure,"  and  I  reported  to  the  Depart- 
ment accordingly  that  "a  caballeria  was  equal  to  33^  acres,"  while  in  Honduras 
it  was  really  about  three  times  as  much,  or  112  acres.  To  make  impossible 
such  mistakes  was  one  of  the  much  needed  reforms  accomplished  by  the  new  law, 
which  adopts  as  a  unit  of  measure  in  place  of  the  indefinite  "  caballeria"  the 
definite  "manzana,"  which  is  everywhere  a  square  measure  of  100  by  100  yards 
(varas  castellanas).  Except  in  this  necessary  explanation  it  is  useless  to  com- 
ment on  the  law,  as  it  is  given  here  to  speak  for  itself 

GOVERNMENT  LANDS,  TAXES,  ETC. 

There  is  no  measurement  or  record  showing  the  quantity  of  Government 
land,  but  the  acres  may  yet  be  counted  by  the  millions.  The  supreme  Govern- 
ment has  a  monopoly  on  the  sale  of  tobacco  and  whisky,  but  there  is  no  tax  on 
any  lands  or  their  products,  except  sometimes  and  in  some  places  there  is  a 
road  tax  or  other  local  charge  insignificant  in  amount. 

AGRICULTURE. 

On  this  land  can  be  grown  almost  all  the  agricultural  products  produced  in 
the  United  States.  Sugar  cane  is  indigenous  and  grows  for  ten  years  or  more 
without  replanting,  and  two  crops  a  year  can  be  taken  from  the  same  soil.  Cot- 
ton will  grow  as  high  as  20  feet.  Honduras  coffee  is  perhaps  without  a  superior 
in  the  world.  And  it  is  claimed  that  rice  grown  here  sells  for  better  prices  than 
are  paid  for  that  grown  in  the  Southern  States.  As  explained  in  a  former  re- 
port, agriculture  is  centuries  behind  the  progress  of  the  age.  But  this  is  not 
chargeable  to  any  natural  conditions  of  climate  or  soil,  but  to  the  heretofore 
unsettled  condition  of  the  country.  It  h^s  not  only  been  sparsely  settled,  but, 
as  freely  admitted  by  the  Government  and  people,  the  past  political  condition 
of  the  country  has  been  most  unfavorable  to  agriculture.  Farming,  perhaps 
above  all  other  pursuits,  requires  uninterrupted  peace,  not  only  because  timid 
capital  fears  wars,  but  because  the  laborers  necessary  must  be  absolutely  exempt 
from  molestation  or  even  the  fear  of  it  through  conscriptions  or  otherwise.  For 
instance,  mining  may   be   well  suspended  on  account  of  war,  but   the  care  of 


HONDURAS.  81 

growing  crops  never.  Unfortunately,  the  long  sought  and  hard  won  indep>end- 
ence  secured  by  this  people  in  the  great  revolution  of  1821  did  not  bring  with 
it  the  blessing  of  peace,  but  the  country  has  been  torn  and  rent  with  civil  dis- 
sensions and  wars  down  to  within  a  few  fears,  when  the  helm  of  government 
was  put  in  the  strong  hands  of  the  present  chief  executive,  whose  firm  and  com- 
manding influence  seems  to  have  succeeded  in  bringing  peace  to  his  long  dis- 
tracted country;  and  now  there  is  going  on  the  greatest  revolution  since  that  of 
1821,  and  far  better  than  that,  because  it  is  without  bloodshed  and  brings  in  its 
train  the  blessing  of  peace  and  the  sunshine  of  prosperity.  This  second  great 
conquest  of  Honduras  goes  on,  not  by  the  power  of  the  sword,  as  in  the  old 
days,  but  by  the  quiet,  gentle,  and  persuasive  means  of  modern  civilization. 
This  peaceful  revolution  has  already  swept  away  the  old  prejudices  against  for- 
eigners (so  obstructive  to  Honduras  progress)  not  only  from  the  minds  and 
hearts  of  the  people,  but  also  from  their  statute  books;  and  now  the  laws  are 
most  liberal  and  the  people  exceedingly  kind  to  foreigners,  especially  to  Ameri- 
cans ;  and  these  are  coming  in  twos  and  tens,  as  they  will  afterwards  come  in 
twenties  and  thirties,  to  help  make  Honduras  what  it  ought  to  be — a  most  de- 
lightful country. 

PRODUCTS. 

To  dwell  at  length  in  any  one  report  on  the  products  of  these  lands  would 
require  too  much  space,  and  especially  in  this  report  with  its  accompanying  in- 
closure;  and  therefore  only  a  brief  mention  of  such  products  will  be  attempted 
at  present. 

Precious  woods. — There  are  rosewood,  iron  wood,  sandalwood,  satin-wood, 
silk  cotton  or  ceiba,  mahogany,  cedar,  pine,  guancaste,  cortez,  black  and  white 
laurel,  ebony,  walnut,  locust,  and  many  others,  some  of  which  have  not  yet 
been  introduced  into  the  United  States.  Of  dyewoods  there  are  annatto, 
Brazil,  fustic,  indigo,  sacate-tinta,  etc. 

Mahogany  cutting  at  one  time  was  very  profitable,  but  is  not  so  now,  as  most 
of  the  valuable  trees  near  the  coast,  where  transportation  was  cheap  and  easy, 
have  been  exhausted.  When  transportation  facilities  are  furnished  to  the  in- 
terior and  to  some  places  near  the  coast  where  transportation  has  been  hereto- 
fore too  difficult,  this  once  profitable  business  alone,  or  in  connection  with  other 
fine,  hard-grained  woods,  will  be  revived;  and  no  doubt  many  of  the  foregoing 
natural  products,  but  few  of  which  have  been  heretofore  worked,  will  then  be- 
come sources  of  rich  profits.  » 

Fruits. — Bananas,  plantains,  aquacates,  zaphotes,  cocoanuts,  pineapples, 
oranges,  lemons,  limes,  and  blackberries  abound  in  rich  profusion  and  of  the 
finest  quality.  There  is  a  great  variety  of  indigenous  fruits,  but  a  scarcity  of 
Bull.  o3 r, 


82  LAWS    RELATING   TO    IMMIGRATION    AND    PUBLIC    LANDS. 

peaches,  pears,  cherries,  olives,  figs,  dates,  grapes,  and  strawberries,  though 
there  appears  to  be  nothing  in  the  climate  or  soil  or  natural  conditions  of  the 
country  to  prevent  the  successful  culture  of  these.  Of  all  these  the  most  im- 
portant are  the  banana  and  plantain,  which  have  grown  within  the  last  ten 
years  to  be  the  chief  export  product  of  the  country,  amounting  now  to  an  an- 
nual value  of  about  $1,000,000.  Cocoanuts,  pineapples,  oranges,  and  lemons 
are  the  next  of  the  fruits  in  importance  and  in  the  order  named. 

Medicinal  and  Jibrous  plants. — Of  the  first  there  are  quina,  ipecac,  sarsa- 
parilla,  rhubarb,  vanilla,  and  a  great  number  of  herbs,  barks,  gums,  and  roots 
unknown  to  materia  medica.  Of  the  second  are  the  stalks  of  the  banana  and 
plantain,  leaves  of  the  pineapple,  pita,  pinquin,  hennequen,  mescal,  etc. 

Minerals. — Of  these  worthy  of  mention  are  gold  and  silver,  platinum,  cop- 
per, tin,  lead,  and  iron ;  but  of  these  only  gold  and  silver  are  yet  worked  to  any 
considerable  extent,  though  there  is  a  mine  at  Erandique  that  produces  some 
valuable  opals. 

There  is  no  way  of  ascertaining  the  exact  value  of  the  gold  and  silver  prod- 
uct, thereb  eing  no  tax  or  other  Government  claim  upon  it.  This  product  is 
known  to  be  rapidly  increasing,  and  will  probably  amount  to  $2,000,000  next 
year. 

VALUE  OF  PRODUCTS  PER  ACRE. 

From  different  publications  are  taken  the  following  estimates  of  the  gross 
annual  earnings  per  acre  of  some  of  these  lands  under  judicious  management : 
In  bananas  and  plantains,  from  $75  to  $300;  in  cocoanuts,  from  $60  to  $300; 
in  pineapples,  $240  to  $625;  in  sarsaparilla,  from  $575  to  $700;  in  India- 
rubber  trees  for  twenty-five  years  after  first  ten  years,  from  $100  to  $200.  But 
these  figures  are  intended  to  show  the  capacity  of  the  lands  under  the  best 
culture.  The  profits  wiL  depend  more  upon  the  capacity  of  the  man — that  is, 
upon  his  management  and  economy. 

D.  W.  Herring, 

Consul. 
United  States    Consulate, 

Tegucigalpa,  December  27,  1888. 


LAND    LAWS    OF     HONDURAS. 


[Translated  from  the  Spanish  byW.  Everall,  by  whose  permission  this  copy  was  trans- 
mitted for  publication  to  the  Department  by  Consul  Herring,  of  Tegucigalpa.] 

The  President  of  the  Republic  of  Honduras — considering  that  the  unappropri- 
ated lands  of  the  Republic  constitute  a  source  of  national  wealth,  and  that   the 


HONDURAS.  83 

increase  and  development  of  agriculture  call  for  the  promulgation  of  an  agrarian 
law  which  shall  guaranty  the  property  and  possession  of  lands,  and  likewise  the 
correctness  and  formality  of  measurements,  divisions,  setting  of  boundaries,  and 
other  surveying  operations  connected  with  the  acquisition  and  peaceful  enjoy- 
ment of  landed  property — making  use  of  the  powers  conferred  upon  him  by  the 
forty-eighth  article  of  the  constitution,  and  the  law  issued  on  the  28th  of  Decem- 
ber last,  decrees  the  following  ordinances  concerning  lands : 

Chapter  I. 

DIVISION     OF    LANDS. 

Article  1.  The  division  of  land  for  the  purposes  of  this  law  shall  be  into 
three  classes  : 

(1)  Unappropriated  lands,  which  are  those  that  have  not  been  made  over  to 
any  private  individual,  towns,  or  corporate  bodies,  and  which  are  owned  by  the 
State,  although  it  may  receive  no  revenue  from  the  pastures,  timber,  and  other 
natural  products  of  the  land. 

(2)  Those  which  are  granted  to  towns  as  town  lands  for  use  of  the  inhabit- 
ants in  common,  and  over  which  only  a  right  of  possession  can  be  acquired. 

(3)  Lands  of  private  ownership,  amongst  which  must  also  be  comprised  those 
belonging  to  corporate  bodies  or  definite  associations. 

Art.  2.  The  ownership  of  the  possessors  of  land  is  guarantied  and  protected, 
whatever  may  be  the  time  of  possession,  provided  it,  has  been  in  good  faith  and 
with  just  and  lawful  title,  and  in  default  of  document  any  legal  means  of  proof 
of  the  rights  of  the  interested  parties  is  to  be  so  reputed. 

Art.  3.  The  unappropriated  lands  of  the  Republic  can  not  be  acquired  by 
prescription,  except  in  the  case  of  titles  having  been  given  by  the  Government, 
without  all  the  conditions  of  the  law  having  been  complied  with  and  their  hav- 
ing been  in  possession  of  the  party  acquiring  them  during  a  period  of  ten  years. 

Chapter  II. 

LAND    GRANTS    TO    TOWNS    AND    PRIVATE    INDIVIDUALS. 

Art.  4.  The  Government,  acting  in  harmony  with  the  present  development 
of  agriculture,  possesses  the  power  of  making  grants  of  land  to  towns  and  private 
individuals,  in  accordance  with  the  existing  laws  and  ordinances  on  the  subject, 
or  with  those  that  may  hereafter  be  enacted. 

Art.  5.  To  every  town  which  is  the  capital  of  a  municipal  district  shall  be 
given    gratis,   and    as  town   lands,   2   square  leagues  of  land,   which  must  be 


84  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

denounced  on  the  unappropriated  lands  nearest  to  the  town  soliciting  them. 
Town  lands  of  small  villages  governed  by  assistant  alcaldes,  shall  not  exceed  1 
square  league;  and  it  is  a  necessary  condition  for  making  such  grant  that  the 
village  concerned  in  the  matter  possess  a  jnunicipal  hall,  an  elementary  school- 
house,  and  a  population  of  not  less  than  200  inhabitants. 

Art.  6.  The  towns  spoken  of  in  the  preceding  article  shall  solicit  their  town 
lands  in  writing  from  the  administrator  of  revenue  of  the  department  to  which 
they  belong,  through  their  legal  representatives,  who  in  villages  are  the  respective 
assistant  alcaldes.  The  petition  must  contain  not  only  a  statement  of  the 
circumstances  which,  according  to  law,  are  requisite  to  enable  towns  and 
villages  to  hold  town  lands,  but  also  of  the  special  condition  of  the  land  solicited. 
The  administrator  of  the  revenue  shall  make  a  summary  investigation,  by  means 
of  witnesses,  in  order  to  demonstrate  the  correctness  of  the  Statements  set  forth 
in  the  petition,  the  Tact  of  the  lands  solicited  being  national  property,  and 
whether  the  petitioners  have  not  already  all  or  part  of  the  town  lands  to 
which  they  have  a  right.  These  points  being  satisfactorily  proved,  the  admin- 
istrator shall  declare,  in  an  official  paper,  the  national  ownership  of  the  land 
and  the  extent  of  town  lands  to  which  the  petitioning  village  has  the  right,  and 
shall  commission  a  surveyor  or  expert  to  measure  oft'  the  land  in  accordance 
with  this  law. 

Art.  7.  On  the  conclusion  of  his  operations  the  surveyor  shall  hand  back 
the  documents  to  the  administrator  of  the  revenue,  and  the  latter  shall  present 
them  to  the  Government  through  the  Secretary  of  the  Treasury. 

Art.  8.  After  the  proceedings  have  been  revised  by  a  special  fiscal  officer,  in 
the  manner  hereafter  stated,  and  the  whole  being  approved  by  the  Government, 
the  title  shall  be  made  out  in  favor  of  those  interested  without  further  expense 
than  that  of  the  corresponding  stamped  paper,  and  2  cents,  which  they  shall  pay 
to  the  public  treasury  for  every  "  manzana  "  (100  varas  square)  called  for  by 
the  surveyor,  and  a  certificate  of  the  respective  payment  shall  be  annexed  to  the 
documents.  , 

Art.  9.  Town  lands  of  towns  and  villages  are  granted  for  the  lise  of  inhabit- 
ants in  common ;  their  management  and  distribution  belong  in  towns  to  munic- 
ipalities, and  in  villages  to  the  assistant  alcaldes. 

Art.  10.  Every  grantee  of  land  acquires  its  possession  from  the  moment  when, 
by  order  of  the  competent  authority,  it  is  measured  for  him  by  the  surveyor 
commissioned  to  that  effect.  He  can  make  use  of  the  land  only  after  obtaining 
a  title,  which  the  Government  shall  cause  to  be  made  out,  with  the  legal  formali- 
ties, and  without  further  expense  than  that  of  the  stamped  paper  corresponding 
to  the  value  of  the  grant. 


HONDURAS.  85 

Chapter    III. 

SALE    OF    UNAPPROPRIATED    LANDS    AND    PRICES. 

Art.  11.  All  land,  which  is  not  the  exclusive  property  of  any  individual, 
person,  or  community  whatsoever,  must  be  reputed  unappropriated  and  the  prop- 
erty of  the  State.  Individuals,  societies,  or  towns  that  wish  to  acquire  the 
ownership  of  land  of  this  kind  must  present  themselves  to  the  administrator  of 
the  revenue  of  the  department  to  which  the  land  belongs,  denouncing  it  as 
unappropriated,  and  describing  it  by  its  best  known  names  and  recognized 
boundaries,  stating  its  approximate  area  and  the  quality  of  soil,  that  rs,  whether 
it  is  pasture  land  fit  for  cattle  breeding,  or  land  suited  for  agriculture.  The 
officer  of  the  revenue  shall  admit  the  denouncement  and  without  loss  of  time  shall 
either  himself  or  by  means  of  the  collector  of  revenue  of  the  same  locality 
examine  three  fit  witnesses  as  to  the  following  points: 

(1)  Whether  the  land  denounced  as  unappropriated  is  actually  or  ever  has 
been  in  possession  of  any  individual  or  town,  and  the  uses  made  of  it  or  intended 
to  be  made  of  it. 

(2)  Whether  they  know  of  any  one  having  a  right  of  ownership  or  possession 
of  said  land,  or  if  it  is  recognized  as  really  unappropriated  and  consequently  the 
property  of  the  nation. 

(3)  The  witnesses  must  also  furnish  all  the  information  in  their  power  as  to 
the  knowledge  they  have  of  the  locality,  in  respect  to  the  nature  of  the  soil,  its 
situation  as  regards  navigable  rivers,  railways,  cart  roads,  and  important  towns. 

Art.  12.  After  the  conclusion  of  the  examination,  the  Administrator  of  the 
Revenue  shall  formally  declare  whether  the  land  denounced  is  or  is  not  property 
of  the  State;  and  in  this  last  case  he  shall  proceed  to  appoint  a  surveyor  or 
expert  to  undertake  the  operations  of  measurement,  and  shall  hand  to  him  the 
respective  documents  so  that  he  may  act  according  to  the  requirement  and  for- 
malities set  forth  in  a  special  chapter  of  this  law. 

Art.  13.  On  the  termination  of  his  operations  the  surveyor  shall  hand  back 
the  documents  to  the  Administrator  of  the  Revenue,  who,  on  receipt  of  them, 
shall  proceed  to  value  the  land  in  question,  taking  as  a  basis  for  this  measure 
the  value  set  upon  lands  by  law,  and  the  report  of  the  surveyor  as  to  its  nature, 
all  of  which  shall  be  clearly  stated  in  the  proceedings. 

Art.  14.  The  Administrator  shall  thereupoh  decree  the  sale  of  the  land  by 
public  auction,  fixing  the  day  and  hour  for  this  to  take  place.  The  notice  of 
the  sale  shall  be  given  in  a  newspaper  of  the  department  in  three  consecutive 
numbers,  or  in  default  thereof  in  any  other  newspaper  of  the  Republic  having  a 
circulation  within  the  jurisdiction  where  the  land  is  situated;  and  it  shall  ex- 


86  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

press  the  conditions  of  the  land;  its  area  in  manzanas  of  10,000  square  yards 
(varas);   its  value  or  price,  and  the  date  and  hour  fixed  for  the  sale. 

Art.  1 5.  On  the  arrival  of  the  day  and  hour  fixed  for  the  auction,  the  Adminis- 
trator shall  sell  the  lands  to  the  highest  bidder,  giving  the  preference  on  equal  terms 
to  the  denouncer.  No  bid  shall  be  admitted  unless  accompanied  by  a  sufficient 
security  or  cash  or  guaranty  for  the  amount  of  the  bid.  The  denouncer  is  ex- 
cepted from  this  condition.  The  security  must  be  to  the  satisfaction  of  the 
Administrator,  and  the  bondsman  must  make  himself  jointly  responsible  as  debtor 
for  the  amount. 

Art.  16.  If  in  the  measured  land  there  should  be  a  cultivated  piece  of  arable 
land,  grass  piece,  etc.,  formally  established,  and  its  possessor  should  wish  to 
acquire  as  property  the  area  he  occupies  and  as  much  more,  he  has  the  right  to 
purchase  it,  whatever  may  be  its  extent,  at  the  rate  of  the  valuation  set  upon 
it  by  the  Administrator,  according  to  the  quality  of  the  land  occupied,  and  with- 
out overbidding  in  price  being  allowed.  Of  this  occurrence  separate  proceed- 
ings shall  be  drawn  up,  in  which  shall  be  set  forth  the  measures  that  serve  to 
guaranty  the  rights  of  the  purchaser,  the  measurement  that  comprises  the  land  and 
so  much  more,  the  ground  plot,  and  the  report  of  the  surveyor,  all  at  the  cost 
of  the  interested  party;  of  all  of  which  the  respective  title  shall  be  given  to  him 
with  the  formalities  and  requisites  of  this  law. 

Art.  17.  In  every  public  sale  of  national  lands  a  deed  shall  be  drawn  up  in 
which  shall  be  stated  with  clearness  what  took  place  in  the  proceedings,  the  in- 
trinsic value  of  the  land  and  its  increase  through  counter-biddings,  expressing  the 
total  amount  of  the  sale,  and  naming  the  person  or  persons  in  whose  favor  it  is 
made.  The  purchasers  must  bind  themselves  in  a  formal  and  definite  manner 
to  the  payment  of  the  amount  accepted  under  the  legal  conditions  and  with 
responsibility  incurred  by  back  debtors  to  the  public  treasury.  The  proceed- 
ings of  the  sale  (auction)  shall  be  signed  by  the  interested  parties,  the  Admin- 
istrator of  the  Revenue,  and  a  notary  public,  or  two  assistants  who  shall  be 
witnesses  to  the  deed. 

Art.  18.  The  sale  being  concluded  in  the  manner  expressed  in  the  preceding 
article,  the  functionary  who  takes  cognizance  of  the  proceedings  shall  remit 
an  account  of  them  to  the  Minister  of  Finance  for  their  revision  and  approval 
by  the  higher  authorities. 

Art.  19.  The  Government  shall  appoint  a  special  official,  who  must  under 
all  circumstances  be  a  surveyor  of  capacity  and  probity,  to  whom  the  proceed- 
ings shall  be  sent  for  revision.  The  decision  given  by  him  shall  embrace  the 
legal  and  scientific  points  raised  in  the  proceedings. 

Art.  20.  If,  from  the  decision  of  this  official,  it  should  appear  that  everything 
has  been  properly  done  without  material  faults  or  defects,  whether  in  the  opera- 


HONDURAS.  87 

tions  of  the  survey  or  in  other  measures,  and  the  Government  accept  the  opin- 
ion of  the  official,  the  proceedings  shall  be  forwarded  to  the  Office  of  the  Treasury 
where  the  payment  has  to  be  made.  The  certificate  of  the  entry  of  payment 
shall  be  annexed  to  the  proceedings,  and  after  note  has  been  taken  in  the  Comp- 
troller-General's office,  and  in  the  office  of  the  director-general  of  the  revenue, 
the  Government  shall  legalize  them.  This  legalization  or  testimony  of  the  pro- 
ceedings constitutes  the  deed  of  ownership. 

Art.  21.  It  is  to  be  understood  that  from  the  moment  when  an  auction  sale 
of  national  land  takes  place  it  is  adjudicated  to  the  purchaser,  but  the  transfer 
of  proprietorship  dominio  util  he  can  acquire  only  by  means  of  the  inscription 
of  the  title  in  the  registry  office  of  deeds,  in  accordance  with  the  provisions  of 
Article  763  of  the  Civil  Code. 

Art.  22.  Whenever  it  be  shown  by  the  decision  of  the  official  revisor  that 
the  survey  of  a  piece  of  land  or  of  a  remeasurement  for  Government  legaliza- 
tion is  defective,  or  that  there  are  similar  deficiencies  in  the  administrative  pro- 
ceedings, and  the  Government  adopts  said  decision,  the  error  shall  be  ordered 
to  be  rectified  at  the  cost  of  whoever  has  committed  it.  The  rectified  proceed- 
ings shall  be  remitted  a  second  time  to  the  Government  for  its  approbation,  and 
decision. 

Art.  23.  Every  denouncement  of  national  lands  shall  be  dispatched  without 
delay;  and  if,  after  three  months  have  passed  without  sale  taking  place,  the 
interested  party  do  not  press  the  regular  dispatch  of  the  proceedings,  he  shall 
be  held  as  desisting  from  the  denouncement,  and  the  Administrator  may,  under 
those  circumstances,  admit  a  new  application  for  the  land.  The  proceedings 
shall  then  be  continued  in  the  state  in  which  they  are  at  the  time  on  account  of 
the  new  petitioner,  to  whom  shall  be  transferred  all  the  rights  of  the  former  one. 

Art.  24.  If,  on  making  the  investigation  for  the  purpose  of  proving  whether 
an  unappropriated  land  is  national  property,  there  should  arise  the  case  of  the 
witnesses  being  in  disagreement  with  some  individual  who  alleges  a  right  to  said 
land,  the  disagreement  shall  be  settled  by  the  arbitration  hereafter  spoken  of,  a 
hearing  being  given  to  the  Fiscal  of  the  Treasury,  and  administrative  dispatch  of 
the  denouncement  must  be  suspended  until  the  definitive  sentence  of  the  arbitra- 
tors is  given.  But  if  the  party  alleging  the  non-nationality  of  the  unappro- 
priated land  in  question  do  not  make  use  of  his  rights  within  a  period  not 
exceeding  one  month,  the  Administrator  of  the  Revenue  shall,  in  this  case,  ex 
ojfiao,  make  a  formal  declaration  that  said  land  is  the  property  of  the  State,  and 
shall  proceed  to  the  further  measures,  on  the  petition  of  the  denouncer. 

Art.  25.  In  the  same  manner,  if,  during  the  operations  of  the  survey,  op- 
position should  arise  from  any  of  the  neighbors  of  the  unappropriated  land  that 
is  being  measured,  and  according  to  the  data  attainable  bv  the  commissioner  the 


88  LAWS    RELATING   TO    IMMIGRATION    AND    PUBLIC    LANDS. 

pretensions  of  said  neighbor  may  be  prejudicial  to  the  Public  Treasury,  the  sur- 
veyor shall  proceed  in  accordance  with  what  is  set  forth  in  Article  51. 

Art.  26.  For  the  purposes  of  this  law,  so  far  as  it  relates  to  the  grant  and 
sale  of  national  land,  the  following  shall  be  the  unit  of  measure :  The  square 
yard  (vara)  and  the  manzana.  The  latter  is  equivalent  to  a  square  measuring 
on  each  side  100  yards  (Spanish  varas).  The  league  of  land,  which,  to  the 
number  of  one  or  two  squares,  must  be  measured  off  as  town  lands  for  the  towns 
of  the  Republic,  is  a  perfect  square,  whose  sides  measure  5,000  yards  (Spanish 
varas). 

Art.  27.  The  geometrical  map  of  all  land  which  is  surveyed  or  resurveyed  for 
the  purposes  of  this  law  shall  be  estimated  in  manzanas  and  square  yards,  and  the 
calculation  must  be  made  by  every  fiscal  revisor  who,  for  any  cause,  has  to  ex- 
amine and  decide  upon  measurements  or  remeasurements  executed  prior  to  the 
pBCsent  law.  The  manzana  is  the  unit  that  shall  regulate  all  taxes  and  charges 
on  landed  property.  The  minimum  price  of  lands  shall  be  graduated  according 
to  the  following  classes : 

(1)  Lands  suitable  for  pasture,  whether  covered  with  useful  timber  or  not, 
shall  be  valued  at  the  price  of  50  cents  per  manzana. 

(2)  Fertile  lands,  suitable  for  agriculturCj  not  only  on  account  of  the  facility 
with  which  they  may  be  irrigated  by  streams  running  through  them,  but  also  by 
reason  of  the  natural  conditions  of  the  soil,  whether  well  wooded  or  not,  shall 
be  valued  at  $1  per  manzana. 

(3)  When  the  area  measured  contains  the  two  qualities  of  land  mentioned  the 
surveyor,  in  his  report,  shall  state  the  number  of  manzanas  of  each  kind  in  his 
judgment,  or  their  proportion  one  to  the  other,  so  that  the  Treasury  official  who 
has  to  value  the  land  may  have  a  basis  on  which  to  form  his  estimate. 

(4)  Lands  situated  within  a  league  from  the  banks  of  navigable  rivers,  or  ot 
lakes  connected  with  them,  shall,  as  a  general  rule,  be  valued  at  $1.50  per  man- 
zana. But  if  such  lands  excel  through  other  natural  or  commercial  advantages, 
their  value  shall  then  be  $2  per  manzana.  This  shall  be  entirely  at  the  discre- 
tion of  the  administrator,  taking  into  consideration  the  data  acquired  in  the 
proceedings. 

Art.  28.  The  total  value  of  the  unappropriated  lands  which  it  is  intended  to 
dispose  of  shall  be  fixed  by  the  xA^dministrator  of  the  Revenue,  keeping  in  view 
what  has  already  been  stated. 

Art.  29.  The  Government  may  prohibit  the  sale  of  national  land  to  a 
distance  of  2  leagues  in  a  straight  line  from  the  shore  of  both  seas,  as  also  the 
disposal  of  islands  or  quays  {cayos).  The  Government  may  grant  such  lands  on 
lease  and  permit  their  improvement  and  cultivation,  m  accordance  with  the  laws 


HONDURAS.  Sf) 

and  ordinances  promulgated  for  the  encouragement  of  agriculture  and  other  in- 
dustries. 

.  Chapter  IV. 

RESURVEY  OF  LANDS  AND  RENEWAL  OF  TITLES. 

Art.  30.  Whenever  a  private  proprietor,  or  a  town,  or  any  association,  on 
account  of  loss  of  title,  or  any  other  just  cause,  may  wish  to  measure  their 
land,  they  can  do  so  on  applying  to  the  Administrator  of  the  Revenue  of  the 
respective  department,  soliciting  permission  for  the  resurvey.  This  shall  be 
granted  at  once  on  presentation  of  the  title  of  the  lands  or  of  the  documents 
that  prove  their  right.  Proceedings  shall  be  commenced  to  that  effect,  and  a 
surveyor  or  expert  shall  be  commissioned  by  the  administrative  authority  to 
carry  out  the  necessary  operations  on  the  old  boundaries,  verified  by  the  unim- 
peachable testimony  of  two  fit  witnesses,  who  shall  give  their  declaration  in 
presence  of  the  Land  Commissioner,  and  shall  accompany  him  during  the  whole 
of  his  operations,  to  'point  out  the  boundaries  and  corner  posts  of  the  land 
under  measureftient. 

Art.  31.  If  it  should  appear  from  the  legitimate  operations  of  a  resurvey  that 
there  are  differences  either  in  excess  or  deficien^cy  of  the  land,  in  neither  case 
shall  the  proprietor  need  to  make  a  fresh  transaction  with  the  public  treasury. 

Art.  32.  It  is  the  obligation  of  every  proprietor  to  mark  the  boundaries  of 
his  land  with  stone  or  masonry  pillars  or  other  permanent  signs,  and  for  this 
purpose  he  shall  have  it  measured  and  marked  off  by  a  surveyor  or  expert,  pro- 
ceeding in  the  form  set  forth  in  another  chapter  of"  this  law.  The  same  is 
incumbent  on  towns,  so  that  they  may  secure  the  town  and  other » lands  that 
lawfully  belong  to  them,  and  be  able  to  defend  them  perfectly  from  all  trespass 
attempted  either  hi  good  or  bad  faith. 

Ar;t.  33.  On  the  termination  of  the  operations  of  the  resurvey  of  land  the 
surveyor  shall  return  the  proceedings  to  the  Administrator  of  the  Revenue  from 
whom  he  received  them,  who  shall  remit  them  to  the  Government  for  the  revision 
and  approbation  of  the  fiscal.  The  title  of  the  resurvey  shall  be  delivered  with 
the  same  formalities  as  those  provided  in  the  case  of  the  ordinary  measurements 
of  unappropriated  lands. 

Art.  34.  In  every  remeasurement  2  cents  shall  be  charged  as  fiscal  dues  for 
every  manzana  that  results.  This  fee  shall  be  paid  to  the  Public  Treasury,  after 
the  proceedings  are  approved,  in  order  that  the  certificate  of  payment  may  be 
annexed  to  the  title. 

Art.  35,  The  titles  of  landed  property  can  be  renewed  by  applying  to  the 
Government,  which  shall  order  the  legalized  copy  of  the  respective  deed   that 


^O  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

should  be  in  the  general  archives  of  the  Republic  to  be  made  out.  In  the  new 
deed  there  shall  be  copied  the  petition  requesting  it  and  the  final  decree  grant- 
ing the  renewal  of  the  title,  which  shall  be  granted  on  presentation  of  the  cer- 
tificate of  the  payment  of  2  cents  for  every  manzana  of  those  expressed  in  the 
proceedings  to  be  legalized.  The  interested  party  must  also  pay  the  expenses 
of  stamped  paper,  writings,  and  the  copy  of  the  geometrical  map,  which  must  be 
annexed  to  the  deed. 

Art.  36.  When  the  person  desiring  the  renewal  of  a  title  is  owner  of  the 
property  by  bill  of  sale  from  one  possessor  to  another,  or  in  virtue  of  any  legal 
documentarv  proof,  he  shall  adjoin  the  documents  on  which  he  relies  to  his  peti- 
tion; and  the  Government,  taking  them  into  consideration,  shall  admit  them,  in 
so  far  as  the  law  permits,  and  give  orders  that  on  the  respective  title  being  ex- 
tended in  favor  of  the  petitioner  said  documents  shall  be  copied  faithfully  and 
in  full. 

Chapter  V. 

MEASUREMENTS,   DEMARKATIONS,   SETTING  OF  BOUNDARIES,   AND  PARTITIONS. 

Art.  37.  A  surveyor  intrusted  with  the  measurement  of  a  piece  of  land  shall, 
after  accepting  the  commission,  receive  the  papers,  and  shall  mark  on  them  the 
day  for  the  commencement  of  operations. 

Art.  38.  The  person  commissioned  for  any  survey,  resurvey,  etc.,  possesses 
the  authority  necessary  for  acting  in  the  sense  of  his  commission  without  having 
to  subject  his  actions  to  the  intervention  of  the  local  authorities  of  the  place  to 
which  the  land  belongs.  The  jurisdiction  of  the  surveyor  is  in  this  case  of  an 
administrative  character,  and  as  ageht  of  the  revenue  department  he  should  be 
assisted  in  the  discharge  of  his  duties  whenever,  with  just  cause,  he  calls  on  the 
local  authorities  to  this  effect. 

Art.  39.  All  operations  executed  under  the  law  must  be  authenticated  by  a 
notary  public  or  by  two  attendant  witnesses,  able  to  read  and  write,  named 
and  sworn  in  by  the  surveyor,  who  shall  state  this  fact  on  the  proceedings.  He 
shall  also  appoint  a  teller  and  a  chain-bearer,  who  shall  keep  an  exact  account 
of  the  yards  (varas)  they  measure  on  each  stretch,  for  the  judge  of  the  survey  to 
take  note  of  in  due  time. 

Art.  40.  The  first  operation  of  the  Land  Commissioner  must  be  the  in- 
spection of  the  land  he  is  about  to  survey,  and  has  for  its  object — 

(1)  To  ascertain  what  are  at  the  time,  or  are  going  to  be,  the  boundaries. 

(2)  To  see  whether  or  not  they  can  be  run,  and  if  they  are  susceptible  of 
material  measurement  or  not. 

(3)  To  inform  himself  whether  the  land  adjoins  private  or  national  property. 


HONDURAS.  91 

and  in  the  former  case  if  the  interested  parties  are  in  agreement  as  to  their  re- 
spective boundaries,  or  there  exist  doubts  or  claims  regarding  them. 

(4)  To  endeavor,  w^ith  impartiality  and  earnestness,  to  have  all  disagreements 
that  spring  up  amicably  and  fairly  arranged  by  the  parties  themselves. 

Art.  41.  After  the  boundaries  that  the  land  is  to  have  are  decided  upon,  and 
the  interested  parties  are  in  accord  regarding  them,  the  measurement  shall  be 
procceeded  with  from  boundary  post  to  boundary  post,  taking  the  direction  and 
distances  in  a  straight  line  with  a  chain  or  metallic  tape-line  of  25  yards  (Span- 
ish yards),  of  835  millimeters  to  the  yard;  the  Commissioner  taking  care  to 
avoid  all  cause  of  error  and  to  instruct  his  assistants  as  to  the  convenient  plac- 
ing of  sights  and  the  carrying  the  chain  accurately  along  the  corresponding  line. 

Art.  42.  At  all  points  where  there  is  a  change  in  the  direction  of  the  bound- 
aries and  no  natural  signs  exist,  temporary  marks  shall  be  made  by  heaps  of 
stones,  so  that  they  may  not  be  lost  sight  of  while  the  formal  demarkation  of  the 
land  is  being  made. 

Art.  43.  In  the  measurement  of  distances  care  must  be  taken  to  stretch  the 
/:hain  in  a  straight  line,  so  as  to  avoid  the  undulations  of  the  land,  or  to  follow 
the  declivities,  in  which  case  the  angles  of  elevation  and  depression  shall  be  taken 
and  the  line  reduced  to  a  horizontal. 

Art.  44.  The  variations  of  the  compass  shall  be  ascertained  before  com- 
mencing the  survey,  the  most  appropriate  spot  for  making  the  observation  nec- 
essary for  ascertaining  it  being  selected,  and  in  the  proceedings  the  measures 
adopted  shall  be  stated. 

Art.  45.  When  lands  adjoining  others  owned  by  or  in  possession  of  private 
individuals  are  to  be  measured,  the  inspection  and  measuremient  of  the  boundaries 
must  be  executed  with  the  knowledge  and  in  presence  of  the  interested  parties, 
and  with  inspectioa  of  their  respective  documents. 

Art.  46.  For  the  effects  of  the  preceding  article  the  judge  of  the  measurement 
shall  officially  summon  the  proprietors  or  occupiers  of  the  adjacent  lands,  appont- 
ing  a  period  of  three  days,  adding  one  more  tpr  every  5  leagues  of  distance,  so 
that  during  that  time  they  may  present  themselves,  cither  personally  or  by  rep- 
resentative, with  their  titles,  in  the  place  where  their  presence  is  required. 

Art.  47.  A  note  of  these  summons  shall  be  entered  on  the  proceedings,  ex- 
pressing the  date  and  place  of  their  issue,  the  place  of  residence  of  the  persons 
to  whom  the^  are  addressed,  and  the  day  fixed  for  the  commencement  of  the  oper- 
ations at  which  they  should  be  present. 

Art.  48.  If,  notwithstanding  the  summons,  any  of  the  adjoining  proprietors 
should  not  appear  at  his  boundary,  the  surveyor  shall  proceed  with  the  operations 
he  has  to  perform  thereon,  endeavoring  tor  their  security  to  obtain  data  from 
other  neighbors,  or  from  whosoever  can  furnish  them,  for  greater  exactitude. 


92  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Art.  49.  When  the  line  to  be  measured  is  defined  by  a  river,  ravine,  fence,  or 
ditch,  which  from  its  nature  admits  of  no  confusion,  the  neighboring  proprietor 
or  possessor  may  excuse  himself  from  attending,  stating  in  his  answer  to  the 
official  summons  in  what  his  boundary  consists.  In  other  cases,  where  the 
boundaries  are  not  well  defined,  it  is  incumbent  on  proprietors  or  possessors 
to  present  themselves  to  point  them  out,  in  order  that  their  lawful  rights  may 
be  respected. 

Art.  50.  On  measuring  the  recognized  boundary  of  a  piece  of  property  it 
shall  be  seen  whether  it  is  in  accordance  with  the  titles  or  documents  from  which 
it  proceeds,  not  so  as  to  alter  it  in  any  manner,  but  with  the  object  that,  in  the 
direction  and  extension  it  actually  has,  it  may  serve  as  a  boundary  to  the  land 
to  be  measured. 

Art.  51.  When  the  proprietor  or  possessor  of  the  land  adjoining  the  piece 
being  measured  will  not  agree  as  to  the  boundary  that  the  party  interested  in 
the  survey  wishes  to  establish,  the  surveyor  shall  use  all  effort  and  impartiality  to 
bring  about  an  equitable  arrangement  between  the  parties.  If  he  should  succeed, 
after  making  an  entry  to  that  effect  on  the  proceedings,  he  shall  carry  out  in  con- 
formity therewith  the  operations  necessary  for  the  opening  of  the  line  or  lines 
agreed  upon.  In  the  contrary  case,  he  shall  merely  take  exact  data  as  to  the 
extension,  direction,  and  other  remarkable  signs  of  the  lines  that  each  party  lays 
claim  to,  so  that  therewith,  and  with  whatever  else  it  may  be  well  to  keep  in 
view,  the  work  may  be  decided  by  the  arbitration  hereafter  to  be  spoken  of, 
without  on  that  account  suspending  the  further  operations  of  the  measurement. 

Art.  5  2.  Should  the  measurement  to  be  made  be  of  unappropriated  land  adjoin- 
ing others  of  private  ownership  or  legally  occupied,  the  survey  shall  be  carried 
out,  following  the  recognized  boundaries  of  the  owned  or  occupied  lands  adjoining. 

Art.  53.  Should  the  denounced  land  be  surrounded  by  others  unappropriated, 
the  survey  shall  be  executed  in  accordance  with  the  terms  of  the  denouncement, 
endeavoring  to  follow  the  natural  boundaries  of  the  land. 

Art.  54.  When  lands  without  Refined  boundaries  have  to  be  measured,  so  far 
as  topographical  circumstances  permit,  a  square  or  rectangular  form  shall  be 
given  them,  the  sides  of  which  shall  run  from  east  to  west  and  from  north  to 
south  on  a  true  meridian. 

Art.  55.  The  surveyor  shall  carry  a  field-book,  in  which  he  shall  note  down  all 
operations,  the  direction  and  length  of  every  straight  line  measured, 'the  accessory 
measures  adopted  to  obtain  the  direction  and  length  of  such  as  are  inaccessible, 
and  all  the  signs  met  with  on  the  land  which  demark  the  boundaries,  and  corner 
posts. 

Art.  56.  With  this  book  before  him,  and  in  accordance  with  the  particulars 
contained   therein,  and  on  the  corresponding  stamped    paper  the  proceedings 


HONDURAS.  93 

stating  what  has  taken  place  every  day  shall  be  written  out  with'clearness  and 
precision,  both  as  regards  the  inspection  of  the  land  and  the  measurement  of  the 
boundaries,  and  also  what  is  eScpressed  concerning  them  in  the  documents  of  the 
adjoining  neighbors,  should  there  be  any,  and  everything  else  that  has  been  done  or 
may  have  occurred. 

Art.  57.  These  proceedings  shall  .be  signed  by  the  surveyor,  by  the  party 
interested  in  the  measurement,  by  the  adjoining  neighbors  whose  boundaries  are 
concerned,  and  by  a  notary  or  the  attendant  witnesses. 

Art.  58.  As  soon  as  the  corresponding  calculations  for  the  reduction  of  the 
lines  that  could  not  be  actually  measured  and  for  fixing  the  area  are  concluded,  a 
statement  of  the  result  of  said  operations  shall  be  entered  on  the  proceedings, 
declaring  the  steps  taken  to  obtain  it. 

Art.  59.  Every  survey  of  land  must  be  accompanied  by  a  map,  which  shall 
show,  in  proportional  scale  with  reference  to  the  true  meridian,  the  perimeter  of 
the  horizontal  plan  and  the  places  or  objects  that  help  to  a  fuller  understanding 
of  the  position  of  the  boundaries  and  corner  posts,  nothing  the  names  of  these, 
the  area  in  manzahas  and  square  yarde  (varas),  the  adjoining  possessions,  the 
variations  of  the  compass,  the  scale  employed,  and  the  date. 

Art.  60.  There  shall  also  accompany  it  a  record  or  recapitulation  of  the 
whole  measurement,  in  which  may  be  seen  at  once  the  direction  and  length 
of  each  line  of  the  perimeter  and  the  magnitude  of  the  angles  they  form  one  with 
another. 

Art.  61.  Of  all  that  has  been  done  the  surveyor  shall  draw  up  proceedings, 
of  which  he  shall  give  account  to  the  authority  fr.om  whom  his  commission 
emanated,  informing  him  whether  the  land  measured  was  Unappropriated,  as  to 
the  nature  of  the  land,  and  other  particulars  mentioned  in  Article  27  of  this  law, 
and  giving  the  number  of  the  manzanas  it  contains  of  the  precise  kinds,  to  serve 
as  a  basis  for  the  valuation.  He  shall  also  make  a  report  as  to  any  disputes  that 
may  have  occurred,  or  the  way  and  term  for  arranging  ^hem  by  means  of  arbi- 
tration, should  they  have  been  left  open.  Under  other  circumstances  the  report 
shall  be  confined  to  the  matters  relating  to  the  object  of  the  commission. 

Art.  62.  After  a  sale  by  auction  of  unappropriated  lands  has  been«effected,  or 
a  resurvey  of  those  of  private  ownership,  which  the  Government  has  to  approve 
for  granting  titles,  the  proceedings  shall  be  revised  by  the  special  official,  who 
shall  be  nominated  for  that  purpose  by  supreme  decree.  The  fiscal  revision  of 
such  operations  has  for  its  object  to  observe — 

(1)  Whether,  in  carrying  out  the  operations  of  measurement  or  remeasure- 
ment,  all  the  legal  formalities  have  been  complied  with. 

(2)  Whether  each  and  every  operation  has  been  performed  in  accordance 
with  the  principles  of  land  survey. 


94  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

(3)  Whether  the  calculations  have  been  made  in  accordance  with  the  data 
obtained  on  the  land,  and  whether  the  results  are  correct. 

(4)  Whether  the  maps  agree  with  the  data  of  the  survey  and  of  the  record 
referred  to  in  Article  60,  and  whether  it  contains  the  remarks  called  for  in 
Article  59. 

Art.  63.  If  omissions  or  errors  that  can  be  easily  filled  up  or  rectified  are 
met  with,  the  revisor  shall  do  what  is  necessary,  either  himself  or  by  agreement 
with  the  measuring  surveyor ;  but  if  this  be  not  possible,  the  Government,  in  view 
of  the  report  made  by  the  revisor  of  measurement  or  remeasurement,  shall 
decide  what  is  best  to  be  done,  and  in  that  case  regard  shall  be  had  to  the  re- 
quirements of  Article  22. 

Art.  64.  The  maximum  error  of  measurement  that  can  be  permitted  in  the 
survey  of  broken  land,  and  of  which  the  perimeter  has  more  than  forty  sides,  is 
2  per  cent  on  the  whole  extent;  having  only  twenty  sides,  \%  per  cent.  Should 
the  error  exceed  those  limits,  it  will  be  necessary  to  resurvey  the  land. 

Art.  65.  When  a  survey  of  unappropriated  lands,  or  a  remeasurement  of 
private  ones,  has  met  with  a  favorable  decision  from  the  revisor,  and  it  appears 
beyond  dispute  not  only  that  it  was  executed  without  any  opposition,  but 
also  that  the  interested  parties  and  the  adjoining  neighbors,  if  there  be  any, 
are  satisfied  with  what  has  been  done,  the  boundaries  indicated  shall  be  consid- 
ered settled,  and  shall  at  once  be  marked  in  a  formal  manner  by  pillars  of  masonry, 
or  in  some  other  permanent  and  secure  way,  if  no  natural  landmarks  exist.  This 
shall  be  done  also  on  every  property  and  lawful  possession  of  the  kind  mentioned 
in  Article  32,  with  permission  from  the  competent  authority  and  in  presence  of 
the  parties  interested,  by  the  same  surveyor  who  measured  the  land  or  by  another 
commissioned  for  the  purpose.  All  that  is  done  with,  this  object  shall  be  stated 
in  proceedings  to  be  drawn  up,  with  the  formalities  prescribed  in  articles  56  and 
57.  When  having  to  do  with  measurements  made  prior  to  this  law,  a  deed  shall 
be  made  out  of  ail  the  proceedings  of  the  demarkation,  and  the  originals  shall 
be  annexed  to  the  titles  of  the  property  marked  out,  with  a  certificate  from  the 
Administrator  of  the  Revenue,  who  must  intervene  for  the  proper  legalization  of 
the  different  steps. 

Art.  66.  Surveyors  in  the  exercise  of  their  duties  will  be  under  the  same  crimi- 
nal and  civil  responsibility  that  attaches  to  other  public  functionaries ;  and  if — 
knowingly,  through  want  of  skill,  apd  in  contravention  of  what  is  prescribed  in 
this  law,  so  far  as  relates  to  his  attributions — a  surveyor  should  incorporate  land 
belonging  to  a  private  individual,  or  lawfully  occupied,  or  should  occasion  any 
other  injury,  he  must  remedy  it  at  once,  making  the  necessary  rectification  for 
the  error  to  be  remedied. 

Art.  67.   If  the  incorporation   or  damage  treated  of  in  the  preceding  article 


HONDURAS.  95 

arise  through  the  injured  proprietor  or  occupier  not  having  furnished  at  the 
proper  time  the  necessary  and  explanatory  data  to  enable  the  operations  to  be 
fairlv  performed,  the  reparation  shall  be  made  at  the  expense  of  said  proprietor 
or  occupier. 

Art.  68.  In  the  operation  of  measurement,  remeasurement,  running  boundary 
lines,  demarkation  and  division  practiced  by  surveyors  in  the  capacity  of  experts 
nominated  by  judicial  or  administrative  authority,  or  in  those  intrusted  to  them 
by  private  individuals,  they  shall  proceed  in  accordance  with  the  nature  and 
object  of  the  operation,  adhering  to  the  spirit  of  the  prescriptions  of  the  present 
law. 

Art  69,  Disputes  as  to  doubtful  boundaries  spoken  of  in  article  5  1 ,  and  likewise 
those  mentioned  in  articles  24  and  25,  that  arise  between  two  or  more  proprie- 
tors, whether  private  individuals,  towns,  or  communities,  shall  be  settled  in  future 
by  arbitration  only  ;  and  controversies  regarding  partitions  of  land  made  by 
a  survevor  commissioned  for  the  purpose,  and  which  the  conteading  parties  do 
not  wish  to  accept  or  to  recognize  as  valid,  shall  also  be  settled  in  the  same 
manner. 

Art.  70.  The  contending  parties  have  the  right  to  name  the  arbitrators  in 
presence  of  the  administrator  who  authorized  the  survey  or  resurvey  of  a  piece 
of  land,  and  in  other  cases  in  presence  of  the  respective  iudge.  Those  named 
shall  have  the  authority  proper  to  arbitrators. 

Art.  71.  In  an  arbitration  suit  the  contending  parties  may  appear  personally 
or  by  representative;  and  the  fees  of  arbitrators  and  representatives,  as  well  as 
all  other  expenses  to  which  these  special  proceedings  may  give  rise,  shall  be  at 
the  charge  of  the  contending  parties. 

Art.  72.  Each  party  shall  name  an  arbitrator,  and  any  citizen  in  the  en- 
joyment of  his  rights  may  be  such ;  and  the  arbitrators  thus  named  shall  agr^e 
upon  a  third,  who  shall  decide  in  case  of  disagreement  without  the  obligation 
of  this  third  party  being  subjected  to  the  approbation  of  the  contending  parties. 

Art.  73.  Whatever  questions  arise,  or  any  already  existing  on  the  publication 
of  this  law,  must  be  submitted  to  arbitration.  If  either  of  the  parties  should 
fail  to  name  an  arbitrator  within  a  month  after  being  called  upon  to  do  so  by 
the  administrator  or  judge  at  the  solicitation  of  his  opponent,  said  functionary 
may  compel  him  or  may  name  an  arbitrator  ex  ojjicio  if  necessary.  The  third 
arbitrator  shall  be  appointed  by  the  administrator  or  judge,  three  days  after  its 
being  declared  in  writing  that  the  first  two  can  not  come  to  an  agreement  as  to 
whom  to  elect. 

Art.  74.  On  the  decision  being  given,  in  view  of  the  antecedents,  the  court 
of  arbitrators  shall  notify  the  parties;  and  at  request  of  either  of  them  thall  give 
order  of  execution  and  send  it,  with  the  proceeding  that  caused  it,  to  the  ad- 


96  LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

ministrator  or  judge,  for  its  due  enforcement.  No  appeal  can  be  had  from  the 
decision  of  the  arbitrators. 

Art.  75.  The  proceedings  in  arbitration  may  last  for  a  period  of  thirty  days, 
and  can  not  be  adjourned.  During  this  period  the  parties  must  present  the 
lawful  proofs  which  they  are  able  to  obtain,  and  these  must  be  confined  simply 
to  matters  relating  to  the  dispute. 

Art.  76.  Each  of  the  arbitrators  shall  receive  for  his  fee  the  amount  assigned 
by  the  administrator  or  judge;  the  arbitrators  shall  themselves  form  an  account 
of  all  other  charges  arising  from  the  suit,  and  this,  which  can  not  be  contested 
by  the  litigants,  shall  be  paid  one-half  by  each  party. 

Chapter  VI. 

GENERAL    RULES. 

Art.  "J"].  After  a  surveyor  has  been  appointed  to  perform  a  measurement,  or 
any  other  survey,  no  other  can  be  appointed  for  the  same  purpose,  except 
under  the  circumstance  of  the  first  one  having  been  objected  to.  When  two 
surveyors  are  measuring  adjoining  lands  they  should  come  to  an  understanding 
before  proceeding  with  the  operations,  agreeing  as  to  the  boundaries  and  true 
limits.  If  they  do  not  agree,  they  shall  institute  an  arbitration  at  the  expense 
of  the  parties  interested,  so  that  in  view  of  the  antecedents  of  each  one  the  arbi- 
trators may  decide  on  what  is  equitable. 

Art  78.  Surveyors  are  those  who  have  obtained  their  diplomas  as  such,  the 
professors  spoken  of  in  Article  217  of  the  code  of  public  instruction,  and  doctors 
of  the  faculty  of  science  of  the  University  of  the  Republic. 

Art.  79.  For  the  effects  of  this  law,  in  the  part  applicable  to  the  circum- 
stances, the  following  are  to  be  reputed  as  experts  in  land  surveying:  Bachelors 
of  science  and  letters  who  are  of  age,  and  those  citizens  who,  although  not  hold- 
ing a  literary  diploma,  are  well  known  to  possess  competent  knowledge  of  arith- 
metic, algebra,  geometry,  topography,  linear  drawing,  and  legal  mensuration. 

surveyors'   fees. 

Art.  80.  The  fees  which  surveyors  or  experts  may  receive  for  their  operations 
in  surveys,  resurveys,  demarkations,  divisions,  and  fixing  the  boundaries  of  lands, 
are  whatever  they  may  freely  stipulate  with  the  respective  parties  interested. 

Art.  81.    Failing  any  stipulation,  the  fees  shall  be  arranged  as  follows: 

(1)  They  shall  receive  ^1  per  league  for  every  league  they  have  to  travel  to 
arrive  at  the  field  of  operations,  reckoning  from  the  place  of  departure  or  from 
the  residence  of  the  surveyor. 

(2)  For  inditing,  the  proceedings  and  drawing  the  corresponding  map,  whether 


HONDURAS.  97 

of  a  survey,  fixing  boundaries,  or  division,  they  shall  receive  $15,  and  the  cost 
of  the  stamped  paper  used  is  on  account  of  the  interested  party. 

(3)  They  shall  also  receive  10  cents  for  every  man/ana  of  land  when  the  area 
does  not  exceed  300  manzanas ;  but  if  it  should  exceed  this  number  the  excess 
shall  be  computed  at  2  cents  per  manzana. 

(4)  If  for  the  purpose  of  dividing  a  piece  of  land  it  should  be  necessary  to  re- 
measure  it,  the  surveyor  shall  then  receive  the  fees  stated  in  paragraph  1  and  in 
addition  20  per  cent,  on  the  total  amount  that  the  operation  would  cost  were 
it  a  simple  measurement ;  this  on  account  of  the  proceedings  for  division,  but  if 
no  remeasurements  should  be  made,  he  shall  charge  only  the  20  per  cent. 

(5)  If  the  boundary  marks  of  the  land  are  fixed  at  the  time  the  measure- 
ment is  made,  and  the  surveyor  directs  the  operation,  he  shall  receive  $2  for 
every  boundary  mark  that  he  sets  up;  but  if  it  should  not  be  done  until  after- 
wards, and  the  surveyor  has  to  go  expressly  to  set  up  the  marks,  he  shall 
receive  in  addition  the  fees  of  paragraph  1  and  $10  for  drawing  up  the  proceed- 
ings, to  be  increased  to  $15  if  he  has  t«  form  the  plot  of  the  land. 

Art.  82.  The  witnesses  shall  receive  $1  per  day  whilst  they  are  employed, 
and  the  laborers  and  chain-bearers  50  cents.  The  surveyors,  shall  make  out  their 
accounts  so  that  they  may  be  paid  by  the  party  interested  in  the  measurement. 

Art.  83.  The  fees  for  the  revision  of  proceedings  of  measurements  and  re- 
measurements  shall  be  as  follows : 

(1)  Ten  cents  for  each  leaf  contained  in  the  proceedings  to  be  examined. 

(2)  Ten  cents  for  each  side  of  polygon  that  is  examined  in  order  to  ascertain 
the  exactness  of  their  length,  and  to  prove  the  correctness  of  the  angles  they 
form,  and  of  their  directions  in  relation  to  the  true  meridian. 

(3)  Twenty-five  cents  for  every  triangle  comprised  in  the  figure,  and  if  any 
other  method  is  employed,  20  cents  for  each  side. 

(4)  Whenever,  in  order  to  verify  a  map,  it  becomes  necessary  to  form  a  new 
one,  the  revisor  shall  receive  in  addition  50  cents  for  each  side. 

(5)  Three  dollars  for  the  decision,  if  the  writing  does  not  exceed  one  sheet 
of  paper,  adding  $1  more  for  every  extra  sheet,  and  in  addition  the  value  of  the 
stamped  paper,  if  furnished  by  the  revisor. 

Art.  84.   The  present  ordinance  abrogates  all  previous  laws  bearing  on  lands. 
Given  in  Tegucigalpa  on  the  fifteenth  day  of  the  month  of  May,  one  thousand 
eight  hundred  and  eightv-eight. 

Luis   Bogran. 
The  Under-Secretary  in  Charge  of  the  Ministry  of  Finance, 

Simeon   Martinez. 
And  by  order  of  the  President  let  the  above  be  published  and  put  in  force. 

Martinez. 
Bull.  53 7 


Mexico. 


Immigration  and  colonization  have  been  urged,  promoted  and 
encouraged  in  Mexico  by  every  possible  means.  In  Chapter 
IX  of  Bulletin  No.  9  of  the  Bureau  of  the  American  Republics, 
published  under  the  title  of  "  Mexico,"  the  following  was  said  on 
this   subject: 

LAWS     RELATING     TO     IMMIGRATION     AND     COLONIZATION. 

Mexico  has  made  sacrifices  to  attract  people  to  its  shores,  but  its  efforts  in 
this  behalf"  have  not  caused  any  considerable  influx  of  foreigners  to  the  country. 
Mexicans  attribute  this  state  of  things  to  two  causes,  viz:  the  fact  that  free  land 
is  situated  at  considerable  distance  from  means  of  communication,  and  that  the 
country  is  not  so  devoid  of  native  population  as  is  generally  supposed.  The 
Indian  lives  on  very  little  and  can  therefore  afford  to  work  for  such  paltrv  wages 
that  foreign  immigrants  can  not  compete  with  him.  When  the  general  state  of 
the  country  shall  be  such  as  to  create  a  voluntary  current  of  immigration,  it  is 
confidently  believed  that  the  Republic  will  reap  the  reward  of  its  sacrifices;  for 
it  is  a  country  where  the  immigrant,  under  the  colonization  laws,  has  the  smallest 
amount  of  taxes  to  pay. 

The  first  steps  taken  in  the  direction  of  inducing  aliens  to  seek  Mexico's  fertile 
fields  date  back  to  1827.  In  the  year  1821  a  law  was  enacted  entitled  "  Pros- 
peridad  general"  (general  prosperity),  in  which  special  reference  is  made  to  the 
rapid  growth  of  the  foreign  colony  in  the  State  of  Texas,  In  the  year  1846  the 
then  Minister  for  Foreign  Affairs,  Jose  M.  Lafragua,  presented  to  Congress  a 
plan  for  legislation  in  which,  inter  alia,  he  spoke  of  "  the  neglect  of  colonization 
as  a  crime  of  high  treason, "'and  held  out  the  flattering  but  delusive  hope  of 
establishing  innumerable  colonies  to  contain  at  least  50,000  persons.  During 
the  imperial  period  Senor  Robles  submitted  to  Congress  plans  of  the  same  sort, 
as  did  also  Senor  Balcdrcel  in  1868,  and  Senor  Riva  Palacio  in  1877;  but  up  to 
1882  no  really  serious  practical  efforts  were  made  to  attract  immigration,  and 
the  results  obtained  up  to  the  present  are  comparatively  insignificant. 
98 


MEXICO.  99 

The  colonization  law  now  in  force  was  enacted  and  promulgated  on  the  15th 
day  of  December,  1885.  It  comprises  four  chapters  and  thirty-one  articles,  the 
former  being  entitled,  respectively,  "Of  the  survey  of  lands;"  "  Of  colonists;" 
"  Of  companies;"   "General  provisions." 

The  provisions  of  this  law  are,  in  substance,  as  follows : 

For  the  purpdse  of  securing  lands  suitable  to  the  establishment  of  colonies  the 
Executive  will  cause  the  waste  or  Government  lands  in  the  Republic  to  be 
surveyed,  measured,  subdivided,  and  appraised,  appointing  to  this  end  the  corps 
of  engineers  he  may  deem  necessary,  and  determining  the  methods  to  be  followed. 

No  subdivision  shall  in  any  case  exceed  2,500  hectares  (about  6,177  acres)  in 
extent,  this  being  the  greatest  amount  of  land  which  shall  be  conveyed  to  any 
one  individual  of  lawful  age  and  legal  capacity. 

The  lands  surveyed,  measured,  subdivided,  and  appraised  may  be  conveyed 
to  foreign  immigrants  and  inhabitants  of  the  Republic  who  may  desire  to  estab- 
lish themselves  thereon  as  colonists,  under  the  following  conditions': 

(1)  By  purchase,  at  the  price  set  by  the  engineers  and  approved  by  the 
Department  of  Public  Works,  payable  in  ten  years  in  equal  installments,  the 
first  becoming  due  twe  years  after  the  establishment  of  the  colony. 

(2)  By  purchase,  the  price  being  paid  on  entry,  or  in  installments  on  shorter 
time  than  that  provided  in  the  preceding  section. 

(3)  ^y  gratuitous  concession,  when  requested  by  the  colonist ;  but  in  this 
case  no  cession  shall  exceed  ,100  hectares  (about  247  acres),  and  the  colonist 
shall  receive  no  title  to  the  same  until  he  shall  have  shown  that  he  has  retained 
the  land  in  his  possession,  and  has  wholly  cultivated  it,  or  to  an  extent  not  less 
than  one-tenth  of  the  whole,  for  five  consecutive  years. 

So  soon  as  there  shall  be  lands  suitable  for  colonization  under  the  conditions 
herein  provided,  the  Executive  shall  determine  which  should  be  settled  at  once, 
publishing  the  plats  thereof  and  the  prices  at  which  they  shall  be  sold,  endeavor- 
ing in  every  case  that  the  sale  or  gratuitous  conveyance  shall  be  of  alternate 
sections.  The  remaining  sections  shall  be  reserved  to  be  sold  under  the  condi- 
tions prescribed  by  this  law,  when  they  shall  be  sought,  or  when  the  Executive 
shall  so  determine,  the  Executive  being  empowered  to  mortgage  them  for  the 
purpose  of  raising  funds,  which,  added  to  the  proceeds  of  the  sale  of  sections  of 
land,  shall  be  destined  exclusively  to  the  carrying  out  of  colonization. 

nTo  be  considered  as  a  colonist  and  to  be  entitled  to  the  privileges  conferred 
by  this  law  it  is  necessary  that  the  immigrant,  if  a  foreigner,  shall  come  to  the 
Republic  provided  with  the  certificate  of  the  consular  or  immigration  agent, 
issued  At  the  request  of  the  said  immigrant,  or  of  the  company  or  corporation 
authorized  by  the  Executive  to  bring  colonists  to  the  Republic. 

Should  the  petitioner  reside  in  the  Republic,  he  must  apply  to  the  Department 


lOO       LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

« 

of  Public  Works,  or  to  the  agents  authorized  by  the  said  department  to  admit 
colonists  to  the  colonies  which  shall  be  established  in  the  Republic. 

In  every  case  petitioners  must  present  certificates  of"  the  proper  authorities 
setting  forth  their  good  character  and  their  occupation  previous  to  petitioning 
for  admission  as  colonists. 

Colonists  settling  in  the  Republic  shall  enjoy  for  the  period  of  ten  years, 
counted  from  the  date  of  their  establishment,  the  following  privileges : 

(1)  Exemption  from  military  service. 

(2)  Exemption  from  all  taxes,  except  municipal. 

(3)  Exemption  from  all  import  or  domestic  duties  on  articles  of  consumption 
not  produced  in  the  country,  agricultural  implements,  tools,  machines,  outfits, 
building  materials,  household  furniture,  and  animals  for  breeding  purposes,  and 
thoroughbreds  for  the  use  of  the  colonies. 

(4)  Exemption,  personal  and  nontransferable,  from  export  duties  on  the  prod- 
ucts of  cultivation. 

(5)  Premiums  on  praiseworthy  productions,  and  prizes  and  special  protection 
for  the  introduction  of  new  agricultural  interests  or  industries. 

(6)  Exemption  from  fees  for  the  certification  of  signatures  and  issuing  of 
passports  delivered  by  consular  agents  to  parties  coming  to  the  Republic  as  col- 
onists by  virtue  of  contracts  entered  into  between  the  Government  and  any 
company  or  companies. 

The  Department  of  Public  Works  shall  determine  the  number  and  kind  of 
articles  which  in  each  case  shall  be  admitted  free  of  duties,  and  the  Treasury 
Department  shall  regulate  the  manner  of  admission  to  prevent  fraud  and  smug- 
gling, but  without  retarding  the  prompt  dispatch  of  the  said  articles. 

Colonists  settling  on  lands  barren  of  trees,  and  who  shall  prove,  two  years 
previous  to  the  lapse  of  the  period  of  exemption,  that  on  a  portion  of  their 
section,  which  shall  not  be  less  than  one-tenth  thereof,  they  have  laid  out  trees 
to  a  number  proportionate  to  the  land  planted  on,  shall  be  exempt  from  taxes 
on  the  whdle  land  for  one  year  longer,  and,  in  general,  shall  have  exemption  for 
one  year  further  for  each  tenth  part  of  their  land  so  laid  out. 

The  colonies  shall  be  established  under  the  municipal  jurisdiction,  subject,  as 
regards  the  election  of  their  authorities  and  the  levying  of  taxes,  to  the  general 
laws  of  the  Republic  and  the  laws  of  the 'State  wherein  they  are  established. 
The  Department  of  Public  Works  may,  however,  appoint  agents  in  said  colo- 
nies for  the  purpose  of  better  directing  their  labors  and  exacting  the  payment 
of  the  amounts  which  may  be  due  to  the  federation  for  any  titles  conveyed. 

Colonists  are  required  to  carry  out  their  contracts  with  the  Federal  Govern- 
ment, or  with  the  individuals  or  companies  transporting  or  establishing  them  in 
the  Republic. 


MEXICO.  101 

Every  alien  immigrant  settling  in  a  colony  shall,  at  the  time  of  such  settle- 
ment, declare  Ijefore  the  Federal  colonization  agent,  notary,  or  proper  judicial 
officer,  whether  he  proposes  to  retain  his  nationality,  or  desires  to  embrace 
Mexican  citizenship,  conceded  him  by  the  third  section  of  Article  30  of  the 
Constitution  of  the  Republic. 

Colonists  shall  be  vested  with  all  the  rights  and  obligations  which  to  Mexicans 
and  foreigners,  under  like  circumstances,  are  conceded  and  imposed  by  the 
Federal  Constitution,  besides  the  temporary  exemptions  conceded  by  this  law; 
but  all  questions  arising,  of  whatever  character,  shall  be  subject  to  the  decisions 
of  the  courts  of  the  Republic,  to  the  absolute  exclusion  of  all  foreign  intervention. 

Colonists  abandoning,  without  due  cause,  for  more  than  a  year,  the  lands 
which  shall  have  been  sold  them  shall  forfeit  the  right  to  said  lands  and  the 
amounts  they  may  have  paid  therefor. 

The  right  to  a  gratuitous  title  shall  be  forfeited  by  abandonment  of  the  land 
or  failure  to  cultivate  it  for  more  than  six  months  without  good  <fause. 

One  section  shall  be  ceded  without  cost,  in  localities  designed  by  the  Federal 
Government  for  new  settlements,  to  Mexican  or  foreign  colonists  desiring  to 
found  the  same ;  but  they  shall  not  acquire  the  title  to  said  section  until  they 
shall  have  shown  that  within  two  years  from  the  foundation  of  the  settlement 
they  have  erected  thereon  a  house,  and  shall  forfeit  the  right  to  said  title  in  case 
of  failure  to  so  build.      It  is  the  purpose  to  cede  such  sections  alternately. 

The  Executive  is  empowered  to  aid  colonists  or  immigrants,  within  the 
appropriations  to  that  effect  made,  whenever  he  shall  deem  it  advisable,  by 
furnishing  them  expenses  of  transportation  for  themselves  and  their  baggage  by 
sea  and  in  the  interior  to  the  terminus  of  the  railroad  lines ;  he  may  further 
furnish  them  with  free  subsistence  for  fifteen  days,  and  no  more,  in  the  localities 
he  may  approve,  and  also  with  tools,  seed,  building  materials,  and  animals  for 
work  and  breeding;  these  latter  advances,  however,  shall  be  repaid  in  the  same 
manner  as  the  price  of  the  lands. 

The  Executive  may  authorize  companies  to  open  up  (habilitar)  waste  lands 
by  measuring,  surveying,  subdividing  into  sections,  appraising,  and  describing 
the  same,  and  to  transport  colonists  and  establish  them  on  said  lands. 

For  the  purpose  of  obtaining  the  necessary  authorization,  companies  shall 
designate  the  waste  lands  they  propose  to  occupy,  their  approximate  extent, 
and  the  number  of  colonists  to  be  settled  upon  them  within  a  given  time. 

The  proceedings  incident  to  the  demarkation  or  survey  shall  be  authorized 
by  the  district  judge  within  whose  jurisdiction  the  waste  land  to  be  surveyed  is 
situated;  which  done,  and  there  being  no  adverse  claimant,  the  record  will  be 
delivered  to  the  company,  to  be  presented  to  the  Department  of  Public  Works, 
where  the  other  formalities  demanded   by   this  law   must   be  complied  with. 


102        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Should  an  adverse  claimant  present  himself  the  case  will  be  tried  as  hereinafter 
provided,  the  representative  of  the  Federal  Treasury  being  a  party  thereto. 

In  return  for  the  expenses  incurred  by  the  companies  in  opening  up  waste 
lands,  the  Executive  may  cede  them  not  more  than  one-third  of  the  land  thus 
opened  up,  or  its  value  in  money;  but  under  the  express  conditions  that  they 
are  not  to  convey  such  lands  so  conceded  to  foreigners  not  authorized  to 
acquire  them,  nor  in  greater  quantities  than  6,177  acres,  under  pain  of  losing, 
in  each  case,  the  portions  of  land  so  conveyed  in  violation  of  said  conditions, 
which  portions  shall  at  once  become  the  property  of  the  nation. 

Lands  surveyed  by  the  companies,  excepting  such  as  may  be  ceded  to  the 
same  in  return  for  expenses  incurred  in  opening  them  up,  shall  be  conveyed  to 
colonists,  or  be  reserved  under  the  conditions  before  mentioned. 

Any  authority  conferred  by  the  Executive  for  opening  up  waste  lands  shall  be 
void  and  non-extendable  whenever  work  thereon  shall  not  have  been  commenced 
within  the  term  of  three  months. 

The  Executive  may  contract  with  companies  or  corporations  for  the  intro- 
duction into  the  Republic  and  the  establishment  therein  of  foreign  colonists  or 
immigrants  under  the  following  conditions:  , 

(1)  The  companies  shall  fix  the  exact  time  within  which  they  will  introduce 
a  determined  number  of  colonists. 

(2)  The  colonists  or  immigrants  shall  fulfill  the  conditions  hereinbefore  pre- 
scribed. 

(3)  The  bases  of  the  contracts  the  companies  may  make  with  the  colonists 
shall  conform  to  the  provisions  of  this  law,  and  shall  be  submitted  for  approval 
to  the  Department  of  Public  Works. 

(4)  The  companies  must  guarantee  to  the  satisfaction  of  the  Executive  the 
carrying  out  of  the  obligations  assumed  in  their  contracts,  which  contracts  must 
name  the  causes  for  which  forfeiture  and  fines  shall  be  imposed. 

Companies  contracting  with  the  Executive  for  the  transportation  to  the  Re- 
public and  settling  therein  of  foreign  colonists  shall  enjoy,  for  a  term  not  to 
exceed  twenty  years,  the  following  privileges  and  exemptions : 

(1)  The  sale  on  long  time  and  at  low  price  of  waste  or  Government  lands  for 
the  exclusive  purpose  of  colonizing  the  same. 

{2)  Exemption  from  taxation,  except  the  stamp  tax,  on  capital  invested  in 
the  enterprise. 

(3)  Exemption  from  port  dues,  except  those  set  aside  for  improvements  in 
ports,  to  all  vessels  that,  on  the  companies'  account,  shall  bring  ten  families,  at 
least,  of  colonists  to  the  Republic. 

(4)  Exemption  from  import  duties  on  tools,  machines,  building  materials,  and 
animals  for  work  and  breeding,  destined  exclusively  for  an  agricultural,  mining. 


MEXICO.  103 

or  industrial  colony   whose  establishment   shall    have  been  authorized  by  the 
Executive. 

(5)  Premiums  for  each  family  established  and  a  second  premium  for  each  family 
landed;  premiums  for  each  Mexican  family  established  in  a  foreign  colony. 

(6)  Transportation  of  colonists  at  the  expense  of  the  Government  on  subsi- 
dized steamship  and  railroad  lines. 

Foreign  colonization  companies  shall  be  considered  as  Mexican,  being  required 
to  have  a  legal  domicile  in  one  of  the  cities  of  the  Republic,  without  prejudice 
to  their  having  one  or  more  abroad;  and  they  are  bound  to  have  at  all  times  a 
local  board  of  directors  and  one  or  more  attorneys  dt  facto,  fully  empowered  to 
treat  with  the  Executive. 

All  questions  arising  between  the  Government  and  the  companies  shall  be 
decided  by  the  courts  of  the  Republic  and  according  to  its  laws,  without  any 
intervention  whatever  on  the  part  of  foreign  diplomatic  agents. 

Private  parties  setting  aside  any  portion  of  their  lands  for  the  purpose  of 
colonizing  them,  with  not  less  than  ten  families  of  foreign  immigrants,  arc 
entitled  to  have  the  same  enjoy  equal  privileges  and  exemptions  with  the  colo- 
nics established  by  the  Federal  Government,  whenever  they  shall  conform  to  the 
conditions  imposed  by  the  Executive  to  assure  the  success  of  the  colony,  and 
whenever  among  said  conditions  shall  be  one  requiring  said  colonists  to  acquire, 
by  purchase  or  cession,  one  section  of  land  for  cultivation. 

The  Executive  may  provide  private  parties  with  foreign  colonists,  by  stipu- 
lating with  them  the  conditions  under  which  they  are  to  be  established,  and 
may  aid  them  by  furnishing  the  expenses  of  transportation  of  said  colonists. 

The  colonizing  of  the  islands  in  both  oceans  shall  be  done  by  the  Executive, 
subject  to  the  provisions  of  this  law,  the  Government  reserving  on  eich  island 
124  acres  of  land  for  public  use.  In  case  the  island  should  not  have  the  super- 
ficial area  necessary  for  the  reservation  herein  specified,  no  sale  of  land  shall  be 
made  thereon,  and  said  land  may  only  be  rented  on  short  terms. 

Colonies  established  on  islands  shall  always  include  Mexican  families  to  a 
number  not  less  than  one-half  of  the  total  colonist  families. 

The  Executive  is  authorized  to  acquire,  by  purchase  or  cession,  private  lands, 
whenever  he  shall  deem  it  expedient  to  establish  colonies  thereon,  subject,  how- 
ever, to  the  appropriations  to  this  end  made. 

The  question  of  inducing  aliens  to  settle  in  Mexico  has  awakened  not  only 
the  interest  of  the  General  Government,  but  some  of  the  State  governments 
have  given  it  much  time  and  thought.  Foremost  among  these  is  the  govern- 
ment of  the  State  of  Veracruz.  On  the  25th  of  December,  1885,  the  legisla- 
ture'of  this  State  passed  a  law  founded  upon  that  quoted  on  the  preceding  pages. 
This  law  authorized  the  governor  to  enter  into  contracts  with  owners  of  landed 


104        LAWS    RELATING    TO    IMMIGRx\TION    AND    PUBLIC    LANDS. 


property  for  the  purpose  of  colonizing  them  under  the  law.  All  such  owners 
entering  into  a  contract  are  entitled  to  a  rebate  on  their  taxes  at  the  rate  of  ^5^ 
for  every  family  settling  on  their  lands  who  shall  engage  in  agriculture  and  kin- 
dred pursuits.  Ovvners  of  suburban  lands  receive  a  premium  of  $5  for  every 
fifteen  foreign  families  established  on  their  lands  as  colonists  for  an  uninter- 
rupted period  of  three  years.  Premiums  are  likewise  offered  for  everv  new 
industry  established  in  such  colonies  and  to  the  colonist  showing  the  largest  area 
of  land  under  cultivation.  Many  exemptions  from  taxes  and  contributions  are 
granted.  Every  colony  of  fifteen  or  more  families,  definitely  established  in  any 
locality  in  the  State,  is  entitled  to  organize  its  own  local  police  in  accordance 
with  law,  and  to  solicit  of  the  Government  a  subvention  to  carry  out  such  pub- 
lic works  as  mav  be  deemed  necessary  in  the  interest  of  the  colony. 

Notwithstanding  the  inducements  offered  by  this  law  the  total  foreign  popu- 
lation of  the  State  of  Veracruz  at  the  beginning  of  the  year  1888  was  only  4,549, 
distributed  over  eighteen  cantons,  of  whom  274  were  Americans  and  14  Africans. 

Under  the  first-quoted  law  of  the  General  Government  some  eighteen  colo- 
nies have  been  founded,  and  from  the  years  1881  to  1888  public  lands  were 
surveyed  by  different  companies  to  the  extent  of  36,578,780  hectares  (about 
90,386,165  acres).  Of  this  area  11,958,348  hectares  (about  28,549,078  acres) 
were  conveyed  to  the  companies  for  expenses  incurred  in  the  survey,  13,160,918 
hectares  (about  32,520,628  acres)  were  sold,  and  there  remained  to  be  disposed 
of  11,459,514  hectares   (about  28,528,849  acres). 

As  before  stated,  there  are  eighteen  colonies  in  the  Republic.  The  latest 
obtainable  statistics  (1890)  gives  them  as  follows: 


Colonies. 


Porfirio  Diaz 

Manuel  Gonzalez 

Carlos  Pacheco 

Fernandez  Leal 

Diez  Gutierrez 

Sericicultora 

La  Ascencion 

Aldana  

San  Pablo  Hidalgo 

San  Vicente  de  Juarez. . 
San  Rafael  Zaragoza  . . . 

Juarez 

Tapachula 

Ciel  de  Leon 

Guanajuato 

Lerdo 

Topolobampo 

International  Company. 


States. 


Morelos 

Veracruz '. 

Puebla 

...do 

San  Luis  Potosi 

Mexico 

Chihuahua 

Federal  District 

Morelos 

,    ..do  

. . .do 

Chihuahua 

Chiapas 

Oaxaca 

Guanajuato 

Sonora 

Sinai oa 

Territory  of  Lower  California. 

Total 


Inhabit- 
ants. 


115 
402 
310 
390 
134 
152 
2,294 
111 
196 

83 
124 
650 

93 
10 

37 
190 
300 
933 

6,524 


MEXICO.  105 

Among  the  foreign  colonists  Americans  rank  second  in  point  of  numbers,  the 
Italians  being  first.  The  colonists  devote  themselves  to  the  raising  of  cereals, 
tropical-  fruits,  sugar  cane,  vanilla,  tobacco,  ramie,  and  the  cultivation  of  the 
silkworm,  according  to  the  nature  of  the  soil  upon  which  they  are  established. 
The  colony  of  152  Mexicans  in  the  Slate  of  Mexico  is  devoted  exclusively  to 
the  cultivation  of  silkworms,  and  the  success  attained  is  gratifying. 

The  last-named  colony,  the  International  Company,  owns  an  immense  tract 
of  land,  estimated  to  contain  1 7,ooo,cx>o  acres,  situated  in  and  around  Ensenada 
de  Todos  Santos  (All  Saints  Bay)  in  Lower  California.  This  tract  lies  between 
the  southwestern  boundary  of  the  United  States  and  parallel  28°  north,  near 
the  port  of  Santa  Rosalia.  The  colony  is  being  rapidly  settled  with  foreign  im- 
migrants, mostly  Americans.  The  soil  is  most  fertile  and  adapted  to  the  rais- 
ing of  fruits,  cereals,  and  vegetables.  Water  is  scarce,  but  artesian  wells  are 
being  bored.  Ensenada  is  100  miles  from  San  Diego,  with  which  city  it  main- 
tains telegraphic  and  telephonic  communication.  A  railroad  between  the  two 
localities  is  now  nearly  completed. 

President  Diaz,  in  a  message  to  Congress  April  1,  1892,  refers 
to  the  work  of  the  surveys  as  follows: 

From  September  ultimo  to  the  present  date  the  surveying  companies  have 
completed  their  work  in  regard  to  2,873,000  acres  of  vacant  public  lands  in 
the  States  of  Campeche,  Yucatan,  New  Leon,  and  Sonora ;  and  as  a  third  part  of 
that  area  has  been  granted  said  companies  in  compensation  for  the  surveying 
expenses  incurred  by  them,  the  private  wealth  of  the  States  has  been  increased 
to  that  extent. 

Arrangements  have  been  nv»de  with  different  private  individuals  by  virtue  of 
which  an  area  of  270,000  acres  has  been  finally  adjudicated  to  them.  This 
has  been  done  at  their  request,  either  because  of  some  defect  in  the  original 
titles,  or  for  other  reasons,  and  the  National  Treasury  has  derived  therefrom  a 
benefit  of  $63,775,  which  has  been  used  in  redeeming  bonds  of  the  public  debt. 

One  hundred  and  three  grants  of  public  lands  have  been  made  under  the  law 
of  July  20,  1863.  They  cover  an  area  of  395,000  acres,  the  value  of  which, 
according  to  the  published  schedule  of  prices,  amounted  to  $72,137.  Such  por- 
tion of  this  sum  as  goes  to  the  National  Treasury  was  pa\d  in  bonds  of  the 
public  debt. 

Upon  the  proper  survey  and  division  of  such  lands  as  are  called  "ejidos," 
and  are  situated  around  the  towns  and  destined  for  the  common  use  of  the 
inhabitants  thereof,  564  patents  have  been  issued,  which  set  at  rest  the  title  to 
an  area  of  17,500  acres. 


106        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

The  United  States  consuls  at  Guaymas,  Matamoras,  ^nd  Paso 
del  Norte,  in  answer  to  a  circular  of  the  State  Department  of  the 
United  States,  issued  on  the  i6th  of  February,  1891,  asking  for 
information  in  regard  to  land  and  land  laws  in  Mexico,  submitted 
the  following  reports : 

report   of  consul  willard guaymas. 

United  States  Consulate, 
Guaymas,  Mexico,  March  2j,  i8gi. 
The  Bureau  of  the  American  Republics, 

Care  Department  of  State,  Washington,  D.  C.  : 

In  making  a  report  on  the  laws  of  Mexico  respecting  sale,  settlement,  and 
condition  of  the  public  lands  (baldios)  of  this  consular  district,  which  embraces 
five  political  divisions,  or  counties,  of  the  nine  which  comprise  the  State  or 
Sonora,  Mexico,  I  am  unable  to  give  with  exactness  the  data  required  (as  the 
Government  does  not  possess  it)  as  to  extent  and  locality  of  the  public  lands, 
which  under  the  general  laws  of  Mexico  belong  exclusively  to  the  Federal  Gov- 
ernment. At  this  time  no  State  holds  in  her  own  right  the  public  lands  within 
her  boundaries. 

The  General  Government  of  Mexico  has  from  time  to  time  in  the  last 
twelve  years,  without  direct  expense,  made  contracts  with. companies  and  indi- 
viduals for  the  survey  of  the  lands  of  the  State,  to  separate  the  private  from  the 
public  lands.  The  companies  or  individuals  making  said  surveys  and  furnishing 
the  same,  presenting  maps  to  the  Government,  etc.,  after  approval,  to  receive 
as  compensation,  in  most  cases,  one-third  of  the  lands,  the  remaining  belonging 
to  the  Government,  to  be  open  to  purchasers  at  the  prices  fixed  from  time  to 
time  according  to  the  locality  and  character  of  the  land. 

As  all  of  these  surveys  in  Sonora  are  not  as  yet  completed,  at  least  in  the  five 
counties  or  divisions  of  this  consular  district  (Hermosillo,  Ures,  Sahnaripa, 
Guaymas,  and  Alamos),  none  of  the  public  lands  at  this  time  in  the  counties 
mentioned  are  open  to  location  and  purchase. 

The  only  survey  that  has  been  exclusively  at  the  Government  expense,  as 
mentioned  in  my  annual  report  on  this  consular  district  in  the  year  1887,  is  for 
the  lands  of  the  Yaqui  Valley,  which  was  done  with  the  object  of  apportioning 
lands  to  the  Indians  who  inhabit  that,  section  of  country,  defining  the  limits  of 
the  lands  of  the  valley  and  town  lands  of  the  villages,  and  delivering  to  those 
who  were  cultivating  the  lands  between  the  villages,  or  pueblos,  titles  to  the 
same,  the  remaining  lands  in  said  valley  unoccupied  to  be  open  to  purchasers 
and  colonization.      Owing  to  delays  and  the  continuance  of  the  war  with  those 


MEXICO 


io7 


Indians,  tie  Government  has  not  placed  those  unoccupied  lands  (baldios),  which 
are  well  adapted  to  the  cultivation  of  sugar  cane  and  cotton,  on  the  market,  but 
it  is  expected  that  it  will  soon  be  done. 

The  agricultural  lands  of  Sonora,  apart  from  the  mountainous  districts,  are 
confined  as  a  rule  to  the  valley  or  bottom  lands  of  the  valleys  and  streams,  where 
water  can  be  obtained  for  irrigation,  and  nearly  all  are  held  by  private  persons 
with  titles,  the  proportion  being  about  one  to  ten.  The  remaining  portion  held 
with  titles  is  table-lands  and  mountain  lands,  suitable  for  stock  ranges. 

In  reply  to  the  inquiry  contained  in  the  circular  as  to  the  law  respecting  the 
sale  and  settlement  of  the  public  lands :  The  first  general  law  of  the  Federal 
Government  of  xMexico  on  this  subject  was  issued  July  20,  1863.  In  Sonora, 
as  well  as  in  other  States,  it  provided  that  titles  would  be  granted  by  the  General 
Government  to  unoccupied  public  lands  at  a  nominal  price  to  citizens  who  ap- 
plied for  them,  limiting  the  amount  to  2,500  hectares  (about  6,000  acres)  for 
each  person,  paying  at  the  rate  from  12  to  25  cents  per  hectare  (2.47  acres),  but 
with  the  condition  and  obligation  that  said  lands  should  be  occupied  and  popu- 
lated by  at  least  one  person  for  each  500  acres,  and  certain  improvements 
made.  Complying  with  these  conditions  for  ten  years  after  the  title  and  pos- 
session was  given,  the  person  then  acquired  a  perfect  title  in  fee  simple  to  the 
land;  failing  to  do  this  the  land  reverted  to  the  Government  and  the  title  was 
revoked.  About  half  of  the  many  locations  of  land  made  in  Sonora  under  this 
law  acquired  perfect  titles  before  the  Government  entered  into  contracts  for  the 
survey  of  what  remained  of  the  public  lands.  In  the  contracts  made  for  the 
surveys  of  the  public  lands,  after  the  surveys  were  finished  the  concessionaries 
could  people  the  lands  belonging  to  them  by  colonists,  under  the  privileges 
granted  by  the  colonization  laws,  which  exempted  the  colonists  for  a  period  of 
years  from  taxes  and  other  privileges,  etc. 

In  reply  to  inquiry  as  to  the  extent  of  unoccupied  land  and  character:  It  is 
estimated  that  in  the  State  of  Sonora  there  is  approximately  about  16,000,000 
acres  of  public  lands.  Mineral  and  pasture  lands,  and  they  can  be  classed  for 
the  most  part,  as  "waste  or  refuse  lands"  (with  the  exception  of  the  moun- 
tainous districts),  having  little  water  and  slight  pasturage,  but  with  a  proper 
system  of  storing  water,  would  make  agricultural  lands  of  excellent  quality. 
The  amount  of  the  unoccupied  public  lands  in  this  consular  district  in  the  five 
counties  mentioned  can  be  estimated,  approximately,  at  6,400,000  of  valley, 
mountain,  and  table-lands. 

In  reply  to  the  question  as  to  the  limit  of  land  that  may  be  acquired  or 
secured  by  purchase,  lease,  or  colonization  :  There  is  no  limit  according  to  the 
concessions  granted  to  companies  of  late  years  and  there  is  no  law  limiting  the 
amount  which  an  individual  may  purchase. 


108        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

(Of  the  amount  of  the  public  land  mentioned,  one-third  at  least  is  held  by 
the  surveying  companies,  pending  the  completion  of  their  surveys  and  approval 
of  their  maps  by  the  Government.) 

Regarding  the  inquiry  as  to  preemption  or  homestead  laws :  There  is  no 
special  homestead  law  as  to  land,  no  exemption  of  lands  from  being  attached 
for  debt  by  persons  holding  them. 

In  replv  to  inquiry  as  to  the  sale  of  mining,  timber,  and  agricultural  lands 
and  the  price  and  recognized  value  of  said  lands :  There  is  a  difference  in  the 
prices  according  to  the  classification,  which  the  judges  or  boards  appointed  to 
value  them  may  make.  The  right  to  the  mineral  in  the  land,  of  precious  and 
base  metals,  is  held  by  the  Government,  and  not  transferred  with  the  lands, 
excepting  coal,  which,  under  the  mining  code  of  Mexico  to-day,  is  part  of  the 
land  the  same  as  timber.  The  public  lands  are  classified  under  three  valuations  : 
First  class,  $i.io  per  hectare;  second  class,  75  cents,  and  third  class,  50  cents, 
and  can  be  paid  for  in  Government  bonds,  which  vary  in  price  from  25  to  50 
cents  per  dollar  in  silver. 

In  reply  to  the  inquiry  if  any  distinction  is  made  in  the  public  land  laws 
between  citizens  and  aliens :  There  is  no  distinction  made  as  to  the  right  to 
purchase.  The  citizens  of  the  nations  bordering  on  Mexico  north  or  south 
(United  States  and  Guatemala)  can  not  acquire  by  denouncement  and  receive 
titles  direct  from  the  General  Government  for  public  lands  in  the  frontier  States, 
but  can  obtain  them  by  purchase  from  persons  holding  them  with  Government 
titles.  In  the  zone  along  the  frontiers  north  and  south  of  Mexico  of  a  width 
of  60  miles,  no  foreigner  of  any  nationality  can  hold  real  estate  excepting  by 
special  permission  of  the  Mexican  Government,  which  must  be  given  in  each 
individual  case,  but  the  control  of  lands  in  this  prohibited  zone  has  been 
acquired  in  some  cases  by  leases. 

In  reply  to  the  inquiry  whether  attempts  have  been  made  by  the  Federal 
Government  or  provincial  authorities  to  encourage  immigration  and  how  far 
have  they  been  successful:  Under  the  Mexican  law  of  colonization  induce- 
ments are  held  out  to  persons  in  foreign  countries  to  become  colonists.  Under 
the  contracts  for  surveys  of  public  lands  the  concessionaries  have  the  privilege 
of  populating  their  lands  by  persons  who  can  settle  them  as  colonists  under  this 
law ;  but  in  Sonora  and  in  this  consular  district  as  yet  no  success  has  followed 
the  inducements  offered,  but  may  when  the  surveys  are  finished. 

In  reply  to  inquiry  as  to  where  do  the  immigrants  come  from  and  the  class 
and  character:  The  future  may  give  the  reply  to  this  inquiry  when  the  waste 
lands  are  peopled  and  homes  made  on  the  plains  and  in  the  mountains  of 
Sonora. 

A.     WiLLARD, 

Consul. 


MEXICO.  109 

EXTItACTS     FROM     REPORT    OF    CONSUL    RICHARDSON,    V.    S.    CONSUL     AT     MATAMORAS, 

MAY     13,    1891. 

Under  Department  instructions  of  February  10,  1891,  I  have  the  honor  to 
transmit  to  the  Bureau  of  American  Republics  the  few  facts  that  I  have  been 
able  to  obtain  upon  the  subject  contained  in  the  circular  of  that  date. 

The  laws  of  the  State  of  Tamaulipas  are  the  laws  of  the  Republic,  with  such 
supplementary  statutes  as  are  necessary  to  interpret  and  apply  these  laws  to 
local  conditions  and  needs.  I  am  informed  that  there  are  no  laws  in  any  way 
conflicting  with  the  laws  of  the  nation  as  recorded  in  Hall's  Mexican  Law,  and 
that  there  has  been  no  legislation  of  any  significance  since  the  date  of  that 
work. 

The  extent  of  unoccupied  lands  in  Mexico  has  not  yet  been  fully  ascertained. 
From  time  to  time  new  surveys  are  completed  and  additions  made  to  the  acre- 
age of  lands  offered  for  sale.  According  to  the  best  authority  at  hand,  it  is  sup- 
posed that  the  unoccupied  lands  can  not  fall  far  short  of  90,000,000  acres. 
These  are  agricultural,  mineral,  grazing,  and  timber.  Those  found  in  Tamauli- 
pas are  either  grazing  or  arable,  and  in  most  cases  both.  There  are  no  barren 
lands  in  the  State,  unless  in  places  along  the  coast.  They  are  of  general  if  not 
unsurpassed  fertility. 

There  are  no  homestead  laws.  In  1863  a  preemption  law  was  enacted 
which,  with  some  modifications,  remains  in  force  to  the  present  time.  Under 
this  law  all  lands  of  the  Republic  which  have  not  been  set  apart  to  public  use 
nor  granted  to  any  individual  or  corporation  authorized  to  acquire  these,  are 
considered  public  lands.  These  lands  may  be  denounced  by  any  inhabitant, 
citizen,  or  alien  of  the  Republic  entitled  to  denounce,  save  the  native  and  natur- 
alized citizen  of  those  nations  bordering  on  the  Republic,  who  can  in  no  way, 
save  by  special  concession,  acquire  public  land  in  the  bordei  States.  The  limit 
of  these  land  acquisitions  under  denouncement  is  2,500  hectares,  or  about  6,200 
acres.  The  price  of  these  lands  is  nominal  and  is  fixed  from  time  to  time  bv 
the  General  Government.  This  law  covers  agricultural,  grazing,  and  timber 
lands.  Mining  and  mineral  lands  are  acquired  in  much  smaller  quantities  and 
under  a  different  code. 

The  public  lands  in  Tamaulipds  are  divided  into  three  classes  and  are  quoted 
as  follows  per  hectare:  First  class,  75  cents,  Mexican;  second  class,  50  cents, 
Mexican;  third  class,  30  cents,  Mexican. 

The  law  making  it  difficult  for  Americans  to  acquire  real  estate  within  50 
miles. of  the  frontier  has  been  instrumental  in  retarding  the  development  of  these 
frontier  States.     This  law,  to  be  sure,  is  only  a  police   regulation  intended  to 


no        LAWS    RELATING   TO    IMMIGRATION    AND    PUBLIC    LAKDS. 

'prevent  any  further  loss  of  territory  to  the  United  States  through  violation  of 
national  hospitality,  and  not  to  keep  out  bona  fide  settlers.  Permission  to  pur- 
chase land  would  doubtless  in  nearly  all  cases  be  readily  granted  to  reputable 
persons  applying'  for  it  to  the  Federal  authority.  Still  the  law  serves  as  a  scare- 
crow, and  the  very  people  do  not  come  whose  coming  would  materially  increase 
the  wealth  and  prosperity  of  the  country.  There  are  extensive  private  lands 
offered  for  sale  in  this  State  where  water  can  be  had,  and  the  soil  is  good. 

There  have  been  several  attempts  by  the  Federal  Government  to  colonize, 
which,  though  expensive,  have  measurably  failed,  owing  largely  to  the  speculators 
who  undertook  to  provide  immigrants.  The  little  French  colony  at  Jicaltepec, 
in  the  State  of  Veracr-'?,  whose  chief  industry  is  the  raising  and  preparation  of 
vanilla  for  market,  is  an  exception.  Here,  even  in  one  of  the  hottest  of  Mexi- 
can States,  a  European  colony  thrives.  The  matter  of  climate  has  presented 
some  obstacles.  It  has  been  foun^  as  a  rule  inexpedient  to  colonize  with  Euro- 
peans or  Americans  in  the  tierras  calientes.  The  terrace  or  table  lands,  where 
the  Indian  races  of  Mexico  thrive  best,  and  where  there  are  fewer  lands  open  for 
settlement,  are  best  adapted  to  those  people  most  willing  to  come  and  best  fitted 
to  become  good  and  prosperous  citizens.  The  Government  a  few  years  ago 
made  an  agreement  with  China  for  the  encouragement  of  wholesale  immigration 
for  the  purpose  of  settling  up  the  hot  lands.  Of  all  people  the  Chinese  were 
found  most  serviceable  for  these  lands,  but  this  scheme  fell  through ;  for  what 
reason  I  do  not  know,  but  doubtless  the  California  prejudice  found  its  way  along 
down  the  coast.  When  bona  fide  immigrants  from  China  can  be  obtained — 
agricultural  laborers,  artisans,  etc.,  come  with  their  families  and  with  a  determi- 
nation to  remain — they  make  the  best  of  all  colonists. 

The  attempts  of  the  Government  to  encourage  immigration  apart  from 
schemes  of  colonization  have  been  moderately  successful.  This  matter  has  been 
fully  reported  upon  by  Minister  Morgan,  August,  1883,  and  Consul-General 
Porch,  January  12,  1887.  Nothing  has  been  accomplished  since  these  reports 
were  made  in  the  State  of  Tamaulipas.  The  General  Government  has  a  con- 
tract with  a  company  of  surveyors  to  survey  the  various  ranches  and  haciendas 
of  the  State  for  the  purpose  of  fixing  the  bounds  of  vacant  lands.  This  company 
is  also  expected  to  promote  immigration,  but  as  yet  nothing  has  been  done  and 
no  laws  have  been  enacted  to  attract  immigrlants. 

The  immigrants  in  the  State  of  Tamaulipas  are  few.  I  do  not  know  of  any 
attempt  at  colonization,  and  those  foreigners  here  are  chiefly  merchants  and 
tradesmen  from  Germany,  France,  Great  Britain,  and  the  United  States.  The 
American  element  here  is  almost  wholly  from  the  Southern  States,  and  has  been 
largely  long  resident.  I  have  not  observed  any  anxiety  for  immigration.  The 
masses  of  the  people  appear  to  shun  newcomers  and  innovations. 


MEXICO.  1  1  1 

It  is  a  common  remark,  "  If  you  wish  to  scatter  the  population  of  a  town 
build  a  railroad  through  it."  In  an  exaggerated  way  this  remark  illustrates  a 
characteristic  disposition  of  the  people. 

I  think  that  the  people  have  the  good  sense  to  understand  that  the  country 
must  depend  for  its  future  development  upon  foreign  capital  and  foreign  enter- 
prise, and  while  they  do  not  evince  much  alacrity  in  adjusting  themselves  and 
their  institutions  to  foreign  ideas,  would  be  loath  to  have  anything  done  to 
discourage  a  peaceful  commercial  invasion.  All  who  desire  to  become  citizens 
are  most  cordially  welcomed.  Naturalization  is  made  easy.  Six  months  before 
presenting  a  petition  for  naturalization  the  foreigner  must  formally  renounce 
his  allegiance  to  any  foreign  power.  He  must  continue  to  reside  in  the  ReJ)ublic 
for  two  consecutive  years,  after  which,  on  proving  that  his  Government  has  no 
legal  claim  on  him  which  interferes  with  his  right  to  change  his  nationality,  that 
he  can  support  himself,  and  that  he  does  not  rest  under  a  criminal  accusation, 
he  becomes  a  Mexican  citizen.  The  children  of  foreigners,  if  born  in  Mexico 
and  are  purchasers  and  settlers  upon  Mexican  lands,  are  considered  citizeAs 
unless  they  declare  in  writing  that  they  prefer  to  retain  the  nationality  of  their 
parents.  Colonists  or  immigrants  brought  into  Mexico  at  the  expense  of  the 
Government  are  bound  to  become  Mexican  citizens.  All  others  residing  in 
Mexico  enjoy  every  right  possessed  by  Mexicans,  save  political  rights,  as  well  as 
every  privilege  secured  by  treaty. 

In  closing  this  report,  I  find  that  I  have  not  confined  myself  to  the  State  of 
Tamaulipas,  but  have  allowed  my  comments  a  wider  range.  The  paucity  of 
data  and  similarity  of  conditions  are  the  excuses  I  offer.  I  wish  to  remark  in 
connection  with  these  subjects  that  there  is  one  great  difficulty  in  the  way  of 
our  fellow  countrymen  acquiring  property  or  becoming  happy  settlers  in  Mexico, 
and  that  is  the  distrust,  if  not  positive  dislike,  which  all  Mexicans  feel  for' 
Americans.  It  grows  out  of  the  bitter  recollections  of  the  annexation  of  Texas, 
the  North  American  invasion,  the  rejection  of  the  Grant-Romero  treaty,  and 
the  wounded  pride  and  jealousy  which  is  felt  by  all  people  of  the  emasculated 
Latin  civilization  for  those  of  the  more  virile  and  triumphant  Saxon.  It  is 
said  that  Juarez,  when  Mexico  was  overrun  by  European  armies  and  he  himself 
was  a  fugitive  at  Paso  del  Norte,  looking  off  toward  the  north  said,  "  After  all, 
there  are  the  enemy."  This  saying  is  significant.  It  is  the  text  from  which 
our  policy  of  international  comity  and  trade  must  be  drawn.  With  patience, 
frankness,  and  the  simple  purpose  of  benefiting  ourselves  by  benefiting  Mexico 
this  feeling  of  distrust  will  measurably  disappear  and  we  become  neighbors 
actually  as  we  are  geographically. 


112        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

EXTRACTS      FROM     REPORT    OF      CONSUL      SAMPSON,     UNITED      STATES    CONSUL    AT      PASO 
DEL     NORTE,     MEXICO,     OF    JUNE     1^,      189I. 

Nearly  one-third  of  the  lands  of  the  Republic  are  unoccupied.  Some  of  them 
are  almost  worthless,  while  a  greater  part  are  susceptible  of  being  used  for  agri- 
cultural and  pastoral  purposes;  others,  no  doubt,  are  rich  in  minerals;  while 
magnificent  forests  of  mahogany  and  other  trees  are  yet  unoccupied. 

Every  inhabitant  of  the  Republic,  native  or  foreigner,  has  a  right  to  secure 
2,500  hectares  (or  6,177^  acres)  of  government  lands,  with  the  exception  here- 
inafter referred  to. 

This  only  refers  to  the  purchase  of  public  lands  and  not  to  the  colonization 
law.  The  Government,  in  order  to  increase  colonization,  enters  into  contracts 
with  foreign  companies,  giving  them  lands  which  are  contiguous  to  bordering 
countries,  as  well  as  other  lands.  Such  favorable  concessions  can  be  secured  as 
to  make  leases  undesirable. 

■  Timber  and  agricultural  lands  are  governed  by  the  laws  hereinbefore  referred 
to  in  all  purchases  and  concessions,  while  the  mining  and  mineral  lands  are 
secured  by  compliance  with  the  "Codigo  de  Mineria,"  issued  November  28, 
1884,  which  contains  in  extenso  all  the  requisites  necessary  to  Secure  and  hold 
these.  In  the  main  they  are  very  similar  to  the  provisions  of  the  United  States 
laws,  requiring  location,  name  of  claim,  name  of  location,  staking  claim,  digging 
shaft  4  feet  by  10  feet  in  vein  to  disclose  mineral,  survey,  if  contest  how  dis- 
posed of,  etc.      The  first  step  is  the  "denouncement." 

No  patent  can  be  secured,  but  a  mine  is  held  by  constantly  working  six  men 
in  the  same.  A  failure  for  four  weeks  in  the  year  to  do  this  makes  it  subject  to 
relocation. 

The  price  of  lands  is  difi^erent  in  each  of  the  States  of  the  Republic,  and  as  it 
is  fixed  by  the  Government  it  is  supposed  to  represent  its  correct  value. 

Each  year  the  Government  reforms  the  tariff  of  prices  of  lands  and  divides 
them  into  three  classes.  In  the  State  of  Chihuahua  (I  know  not  as  to  others) 
each  hectare  (nearly  2%  acres)  of  land,  first-class,  is  worth  75  cents;  second- 
class,  50  cents;   and  third-clajs,  30  cents. 

The  laws  governing  lands  in  this  Republic  make  no  distinction  between  for- 
eigners and  Mexicans. 

There  is  only  one  limitation  for  foreigners.  They  can  not  acquire  lands 
inside  of  20  leagues  (60  miles)  from  the  frontiers  of  the  Republic. 

The  Government  is  very  much  interested  in  foreign  immigration,  as  evidenced 
by  her  colonization  law  giving  immigrants  various  privileges,  such  as  the  exemp- 
tion of  duties  on  goods  they  may  import,  the  exemption  from  Federal  taxes,  also 
those  imposed  by  the  States  and  counties.      These  laws  are  giving  satisfactory 


MEXICO. 


"3 


results,  as  is  proven  by  the  establishment  of  various  foreign  colonies  within  the 
State  of  Chihuahua  and  others  of  the  Republic. 

The  immigrants  come  principally  from  the  United  States,  next  Germany, 
quite  a  number  from  China.  Those  from  the  United  States  are  miners  or 
farmers.  They  are,  as  a  rule,  industrious  and  well  disposed.  The  Germans 
generally  enter  the  commercial  world.  The  Chinese  are  in  great  demand  as 
cooks.  As  a  rule,  immigrants  to  the  Republic  have  means  enough  to  make  a 
success. 

PRICES    OF    PUBLIC    LANDS. 

Under  provisions  of  law  the  Secretary  of  Public  Works  pub- 
lishes every  two  years  the  prices  at  which  Government  lands  may 
be  purchased.  The  following  table  shows  the  price  per  hectare 
(2471  acres)  for  land  of  each  class  for  the  period  1891-92. 


States  and  Territories. 


Aguascalientes 

Campeche 

Coahuila 

Colima 

Chiapas 

Chihuahua 

Durango 

Cuanajuato 

Guerrero 

Hidalgo 

Jalisco 

Mexico 

M  ichoacan 

Moreios 

N  uevo  Leon 

Oaxaca 

Puebia 

Quer^taro 

San  Luis  Potosi 

Sinaloa 

Sonora 

Tabasco 

Tamaulipas 

Tlaxcala 

Veracruz 

Yucatan 

Zacatecas 

Federal  District 

TerritQr>-  of  Tepic 

Territory  of  Lower  California 

Bull.  53 8 


First 

Second 

Third 

class. 

class. 

class. 

Dollars. 

Dollars. 

Dollars. 

2.  25 

1.50 

I.  00 

1.65 

I.  lO 

.75 

•  75 

•50 

.30 

2.25 

1.50 

I.  00 

1-55 

I.  10 

•75 

.75 

•50 

.30 

.65 

.50 

.30 

3-35 

2.  25 

1.50 

I.  ID 

•75 

.50 

2.  25 

1.50 

I. 00 

2.25 

1.50 

I. 00 

3-35 

2.25 

1.50 

2.  25 

I.  50 

I.  00 

4.50 

3- 00 

2.00 

.75 

.50 

.30 

I.  10 

.75 

.50 

3-35 

2.25 

1.50 

3.35 

2.25 

1.50 

2.25 

1.50 

I.  00 

I.  10 

•75 

.50 

I.  10 

.75 

.50 

2.00 

1.50 

1. 00 

.75 

•50 

•30 

2.25 

1.50 

1.00 

2.75 

1.85 

1.25 

1.65 

I.  10 

•  75 

2.25 

1.50 

I. 00 

5.  60 

3^75 

,        2.50 

1.65 

I.  10 

.75 

.65 

.40 

.25 

1  14        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Lands  of  the  first  class  comprise  such  as  are  situated  near  a 
railroad,  a  populous  city;  such  as  can  be  irrigated,  and  all  offering 
special  advantages  to  agricultural  and  other  interests.  In  this 
class  are  also  included  lands  covered  with  fine  woods,  dye  woods 
and  plants,  and  those  containing  minerals. 

Second-class  lands  are  those  distant  from  means  of  communi- 
cation, those  where  but  one  crop  a  year,  sown  before  the  rainy 
season,  can  be  raised,  and  those  suitable  for  cattle-raising. 

All  other  lands  not  included  in  the  above  classes  are  in  the 
third  class. 


Nicaragua. 


The  laws  of  Nicaragua  in  regard  to  colonization  and  immigra- 
tion are  very  liberal.  Foreigners  can  acquire  real  estate  and  dis- 
pose of  it  as  freely  as  the  Nicaraguan  citizens.  The  provisions 
of  the  naturalization  laws  are  also  sim{)le  and  liberal.  Immigra- 
tion has  not  as  yet  been  carried  on  to  such  an  extent  as  the  Gov- 
ernment and  people  of  the  Republic  could  wish;  but  no  efforts 
are  omitted  to  encourage  it  and  push-  it  rapidly  to  success. 

The  following  is  the  text  of  the  principal  laws  of  Nicaragua 
having  a  bearing  on  the  subject,  with  which  the  Bureau  of  Amer- 
ican Republics  has  had  any  opportunity  to  become  acquainted : 

LAW    ON    THE    ACQUISITION    BV    ALIENS    OF    REAL    ESTATE    IN    THE    REPUBLIC     OF     NIC- 
ARAGUA. 

The  President  of  the  Republic  to  ths  inhabitants  of  the  same: 

Whereas  some  difficulties  may  be  encountered  in  the  carrying  into  effect  of 
the  privisions  of  the  decree  of  March  30th  of  the  present  year,  concerning  the 
acquisition  of  real  estate  by'  certain  foreigners, 

I  do  therefore  decree : 

Article  1.  All  foreigners  shall  have  the  power,  without  losing  thereby  their 
own  nationality,  to  acquire  public  unoccupied  lands  on  the  same  terms  and  con- 
ditions as  required  by  law  from  the  citizens  of  Nicaragua. 

Art.  2.  The  decree  of  March  30th  of  the  present  year  and  all  other  pro- 
visions heretofore  enacted  in  regard  to  public  unoccupied  lands,  which  may  in 
anyway  oppose  the  present  decree,  are  hereby  repealed. 

P.  Joaquin  Chamorro. 

Managua,  May  Sth,  iSj^. 

115 


Il6        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 


LAND   AND  COLONIZATION   LAW. 

Decreed  by  the  senate  and  the  chamber  of  representatives  of  the  RepuW''- 
of  Nicaragua : 

Article  i.  The  Executive  shall  have  authority  to  give  to  each  family  ot  im- 
migrants, coming  from  the  United  States,  or  of  any  other  nationality  whatso- 
ever, with  the  purpose  of  settling  in  the  Republic,  and  becoming  naturalized,  a 
tract  of  public  unoccupied  lands  not  exceeding  1 20  manzanas;  the  said  tract  to 
be  more  or  less  extensive,  within  said  limits,  according  to  the  number  of  persons 
composing  the  family.  Single  persons  shall  be  allowed  not  more  than  60  man- 
zanas each. 

Art.  2.  The  immigrants  herein  referred  to  shall  enjoy  the  same  rights  and 
privileges  as  native  citizens  in  regard  to  commons  and  common  lands.  They  shall 
be  exempted,  also,  for  the  period  of  10  years,  from  municipal  charges  and  from 
military  service,  unless  such  service  is  required  for  the  preservation  of  the  liberty 
and  sovereignty  of  the  Republic. 

Art.  3.  The  lands  which  shall  be  granted  under  the  present  law  shall  not 
be  allowed  to  be  sold,  unless  at  least  one-half  of  the  area  thereof  be  already  under 
cultivation,  and  the  grantee  has  become  naturalized  in  due  form  of  law. 

Art.  4.  The  Executive  shall  have  also  the  power  to  grant  similiar  conces- 
sions of  lands  to  foreign  immigrants,  coming  to  Nicaragua  and  who  desire  to. 
preserve  their  respective  citizenship;  but  these  concessions  shall  not  transfer  to 
these  immigrants  the  right  of  ownership  of  the  land,  but  shall  place  them  in  the 
position  of  mere  tenants  or  beneficiaries.  The  same  shall  be  the  case  with  those 
immigrantscwho  come  to  the  Republic  with  the  purpose  of  becoming  naturalized, 
but  do  not  carry  their  intentions  into  effect  within  the  period  established  by 
law.  This  right  shall  last  for  only  10  years,  and  shall  not  be  transmissible  to 
third  parties,  except  by  inheritance,  unless  at  least  half  of  the  ground  granted 
has  been  placed  under  cultivation.  At  the  expiration  of  the  10  years  the  right 
shall  cease,  whether  the  land  be  in  the  possession  of  the  immigrant  himself 
or  of  a  third  person.  The  ten  years  shall  be  counted  from  the  date  in  which 
the  tract  of  land  is  delivered  to  the  grantee. 

Art.  5.  No  immigrant  shall  be  entitled  to  the  privileges  of  the  present  law 
who  does  not  come  provided  with  a  passport  issued  in  his  favor  by  a  Nicaragua 
minister  or  consul  residing  in  the  country  from  which  he  comes,  which  passport 
shall  be  issued  according  to  the  ijjistructions  already  given  or  hereafter  to  be 
given  by  the  Government. 


NICARAGUA.  117 


NATURALIZATION     LAW. 

The  President  of  the  Republic  to  the  inhabitants  of  the  same: 
Know  ye  that  the  Congress  has  enacted  the  following : 

Decreed  by  the  Senate  and  Chamber  of  Deputies  of  the  Republic  of  Nicaragua: 
Article  i.   Nicaraguan  citizenship  may  henceforth  be  acquired  by  foreigners, 
in  addition  to  the  regular  method  by  which  congress  is  authorized  to  grant  it 
under  section  9,  of  article  41,  of  the  constitution,  in  the  following  ways: 

(1)  If  the  applicant  is  a  Central  American,  upon  proof  of  his  residence  for 
one  year  within  the  Republic. 

(2)  If  the  applicant  proceeds  from  any  other  Spanish-American  Republic, 
upon  proof  of  the  same  residence  for  two  years;  and  if  he  is  a  foreigner  of  any 
other  kind,  four  years'  residence  shall  be  required. 

Art.  2.  It  will  be  sufficient  for  the  Central  Americans,  after  their  one  year's 
residence  has  been  completed,  to  state  their  desire  to  become  naturalized  in  the 
Republic;  but  all  other  Spanish  Americans  sl^all  be  bound  to  make  a  declara- 
tion of  their  intention  to  become  such  citizens  of  Nicaragua.  All  other  foreigners 
shall  make  this  declaration  one  year  before. 

Art.  3.  Such  Central  Americans,  Spanish  Americans,  and  all  other  foreigners 
as  have  resided  in  the  Republic,  before  the  promulgation  of  the  present  law, 
the  length  of  time  required  in  the  preceding  article  shall  only  be  required  to 
declare  their  intention  to  become  naturalized  before  the  authority  designated 
in  the  next  following  article. 

Art.  4.  The  declaration  of  the  purpose,  to  settle  in  the  Republic  and  be- 
come invested  with  all  the  rights  of  a  citizen  of  Nicaragua  shall  be  made  to  the 
city  corporation  or  to  the  local  authority  of  the  place  in  which  the  applicant 
wishes  to  be  domiciled. 

Art.  5.  The  city  corporation,  or  local  authority,  as  the  case  may  be,  shall 
enter  the  application  on  the  journal  or  book  in  which  its  respective  proceedings 
are  recorded,  whereupon  a  proper  certificate  thereof  shall  be  furnished  the  ap- 
plicant, and  a  notice  in  writing  shall  be  also  given  to  the  prefect  of  the  depart- 
ment. At  the  expiration  of  the  time  required,  upon  proper  evidence  of  the  ffct 
of  the  residence,  a  certificate  shall  be  issued  in  favor  of  the  applicant,  which  shall 
be  full  evidence  of  his  being  a  naturalized  citizen  of  Nicaragua. 


Paraguay. 


Paraguay  was  almost  entirely  devastated  by  a  war  in  which  her 
population  had  been  nearly  exterminated.  The  most  reliable  sta- 
tistics assert  that  at  the  end  of  her  struggle  with  the  allied  forces 
of  Brazil,  the  Argentine  Republic,  and  Uruguay,  heroic  Paraguay 
was  left  with  no  more  than  20,000  men  in  the  whole  country. 
But  patriotism,  as  well  as  perseverance  and  intelligence,  have 
caused  that  country  to  revive  in  such  way,  during  the  twenty  years 
elapsed  since  the  termination  of  the  war,  as  to  give  fair  promise 
that  it  will  reach  before  long  the  degree  of  prosperity  to  which  it 
is  entitled  by  its  climate  and  its  natural  wealth. 

The  country  is  making  considerable  progress,  immigrants  are 
coming  in,  capital  and  labor  find  employment,  and  under  the 
encouragement  of  the  Government  every  possible  effort  is  being 
made  to  develop  its  wonderful  resources.  The  public  lands,  and 
those  which  were  left  ownerless  by  the  extermination  of  the  inhabi- 
tants, have  passed  into  the  hands  of  an  English  syndicate  which 
holds  the  bonds  of  the  country.  This  syndicate  is  doing  much 
towards  colonizing  the  country,  and  in  a  few  years  Paraguay  will 
doubtless  be  resettled  and  resume  her  place  among  the  prosperous 
nations  of  America. 

'  The.  measure  which  has  done  the  most  good  in  this  direction 
is  the  land  law  {ley  de  tierras)  enacted  in  1885.  The  terms  on 
which  the  purchase  of  these  lands  can  be  made  are  so  liberal,  and 
the  prices  fixed  for  the  several  classes  thereof  are  so  low,  that  no 
foreigner,  whatever  his  nationality  may  be,  can  fail  to  be  induced, 
if  he  have  any  means  or  inclination  in  this  direction,  to  make  a 

118 


PARAGUAY.  119 

trip  to  Paraguay,  and  invest  capital  in  Paraguayan  lands,  whether 
for  purposes  of  improvement  and  settlement,  or  merely  as  a  matter 
of  speculation. 

Mr.  E.  L.  Baker,  United  States  consul  at  Buenos  Ayres,  made 
the  following  translation  of  the  law  above  mentioned.  In  forward- 
ing this  translation  he  said  that  he  had  personally  visited  some  of 
the  lands  referred  to  in  that  law,  and  that  in  his  opinion  the  prices 
assigned  to  them  were  remarkably  low. 

Article  1.  The  Executive  is  hereby  authorized  to  sell  the  public  lands,  in 
accordance  with  the  stipulations  of  this  law. 

Art.  2.   The  public  lands  shall  be  divided  into  five  classes,  as  follows : 

(1)  Lands  of  the  first  class  are  those  in  the  following  departments:  San 
Lorenzo  del  Campo  Grande,  San  Lorenzo  de  la  Frontera,  Ipane,  Guarambare, 
Villosa,  Villa  Oliva,  Villa  Franca,  Villa  del  Pilar,  Villa  Humaita,  Luque, 
Limpio,  Emboscada,  Arroyos  y  Esteros,  Villa  del  Rosario,  San  Estanislao,  Villa 
de  San  Pedro,  "Villa  de  Concepcion  hasta  el  Aquidaban,  Aregua-Capiata,  Ita, 
Itaugua,  Pirayu,  Yaguaron,  Altos,  Atira,  Tobati,  Caacupe,  Barrero  Grande, 
Caraguatay,  San  Jos6,  Itacurubi  de  la  Coadillera,  Valenzuela,  Ibitimi,  Paraguari, 
Acahay,  Carapegua,  Tabapy  Quiiadi,  Ibicui,  Caapucu,  Quiquio,  Mbayapey, 
Villa  Florida,  San  Miguel,  San  Juan  Bautista  de  las  Misiones,  Villa  Encarnacion, 
Caazapa,  Ihacanguazu,  Villa  Rica,  I  tape  e  Itacurubi  del  Rosario. 

(2)  Lands  of  the  second  class  are  those  in  the  following  departments:  Pedro 
Gonzalez,  Laureles,  Yabebiry,  Desmochados,  Tacuaras,  Guazucua,  Isla  Ombu, 
Sin  Ignacio,  Santa  Maria,  Santa  Rosa,  Santiago,  San  Cosmo,  Bobi,  Carmen 
del  Parana,  Jesus  y  Trinidad,  San  Pedro  de  Parana,  Ytu,  San  Juan  Nepo- 
muceno,  Mbncayaty,  Yatahity,  Hiaty,  Ajos,  Carayao,  San  Joaquin,  Union, 
Horqueta,  San  Juan  Bautista  de  Nembucu,  Lima  y  Tacuati,  and  the  territory 
stretching  from  the  confluence  of  the  Aquidaban  and  the  Paraguay  to  the  Rio 
Apa,  lands  in  the  latter  territory  to  be  sold  with  an  area  five  times  the  frontage 
solicited  on  the  Paraguay. 

(3)  Lands  of  the  third  class  are  those  comprised  between  the  Pilcomayo  and 
Villa  Concepcion  in  the  Chaco  territory  fronting  the  Rio  Paraguay  and  at  a 
depth  of  10  leagues  inland. 

(4)  Lands  of  the  fourth  class  are  those  situated  in  the  Chaco  from  Villa 
Concepcion  to  a  distance  of  10  leagues  inland,  and  thence  20  leagues  of  the  belt 
of  territory  comprised  between  the  Pilcomayo  and  Villa  Concepcion. 

{5)  Lands  of  the  fifth  class  are  those  not  included  in  third  or  fourth. 

Art.  3.    The  price  of  the  lands  of  first  class  is  hereby  set  down  at  1,200  hard 


120        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

dollars  in  public  funds  per  square  league,  the  lands  of  second  class  at  800  hard 
dollars,  the  third,  class  at  300  dollars,  the  fourth  class  at  200,  and  the  fifth  class 
at  100  dollars. 

Art.  4.  The  purchase  of  the  lands  can  be  effected  in  four  yearly  payments ; 
the  first  to  comprise  25  per  cent  of  the  total  amount,  and  to  be  paid  at  the  Junta 
de  Credito  Publico  in  Jegal-tender  money  or  in  public-fund  bonds,  and  with  the 
intervention  of  the  contador  general.  For  the  other  payments  three  bills,  to 
order  of  the  junta,  and  at  terms  of  one,  two,  and  three  years,  with  an  interest 
of  6  per  cent  shall  be  signed. 

x^RT.  5.  All  payments  after  the  passing  of  this  law  for  sales  or  renting  of  land 
in  the  fiscal  territories  shall  be  made  in  legal-tender  money  or  in  public-funds 
bonds. 

Art.  6.  Buyers  are  at  liberty  to  pay  *heir  bills  at  any  time  with  a  reduction 
of  12  per  cent  per  annum  from  the  day  of  payment. 

Art.  7.  On  the  drawing  up  of  the  title  deeds,  the  properties  shall  be  mort- 
gaged in  favor  of  the  State  until  expiration  of  term  of  payment. 

Art.  8.  To  pay  off  the  mortgage,  the  interested  parties  shall  present  at  the 
ministry  of  interior  their  bills,  and  the  necessary  orders  shall  be  issued  to  the 
registrador  for  the  corresponding  payment. 

Art.  9.  In  case  of  nonpayment  of  bills  at  expiration  of  term  the  correspond- 
ing properties  shall  be  sold.  The  Junta  de  Credito  Publico  shall  sell  these 
properties  without  the  obligation  of  applying  for  judicial  authorization.  Thirty 
days'  notice  must  be  given  in  .the  papers  that  those  properties  are  to  be  sold  bv 
auction.  If  the  bills  be  paid  a  day  at  most  before  the  auction  takes  place,  under 
the  conditions  specified,  the  interested  parties  shall  receive  the  properties,  pay- 
ing the  cost  of  advertising,  etc. 

Art.  10.  Pasture  lands  alone  can  be  sold  in  fractions  of  not  less  than  half 
leagues,  the  price  to  be  paid  in  proportion.  Interested  parties  in  Chaco  lands 
shall  purchase  an  area  with  depth  ten  times  the  frontage  solicited. 

Art.  11.  Purchasers  of  fractions  in  the  Chaco  lands  shall  be  entitled  to  a 
reduction  of  50  per  cent  on  the  price  stipulated  in  Article  4,  on  the  condition 
that  during  the  term  of  payment-  twenty-five  European  families  (a  family  com- 
prising three  persons)  be  settled  on  the  lands  in  question. 

A  fraction  of  lot,  in  reference  to  the  preceding  article,  is  understood  to  con- 
sist of  one  league  front  by  10  deep. 

Art.  12.  In  case  of  several  applicants  for  the  purchase  of  lands,  an  auction 
shall  be  held,  upset  price  being  the  amount  stipulated.  Article  3.  Thirty  days* 
notice  must  be  given  in  the  papers  to  this  effect. 

Art.  13.   Lands  that  are  not  to  be  sold  are  the  following:      (1)    Those  lands 


PARAGUAY.  121 

especially  excepted  in  virtue  of  previous  laws.  (2)  Those  lands  which  the 
Executive  may  deem  adapted  for  colonization  purposes. 

Art.  14.  The  following  prices  are  the  rents:  $250  for  first  class;  $200  for 
second  class;  $150  for  third  class;  $100  for  fourth  class.  Payments  to  be 
made  in  legal-tender  notes  or  in  public-fund  bonds. 

Art.  15.  One  year  after  the  promulgation  of  this  law,  settlers  who  may  not 
have  purchased  the  land  they  occupy  shall  pay  at  the  rate  of  25  cents  per  square 
(cuadra)  per  annum,  being  at  the  same  time  entitled  to  buy  the  lands  they 
occupy  in  preference  to  any  interested  party. 

♦    The  official  paper  {Diario  OJiciat)  of  Paraguay,  in  its  issue  of 
March  26,  1892,  published  a  statement  of  the  immigrants  arrived 
in  Paraguay,  through  the  port  of  La  Asuncion,  during  the  year 
1891. 
.The  total  number  was  448,  distributed  as  follows  : 

Germans 59  i  Argentine 9 

Austrians 48      Bolivians 2 

Italians .» 129  I  Belgians 3 

Spaniards S3  |  Brazilians 3 

French '.     95  |  Uruguayans 2 

English 9      Portuguese i 


Swedes i 

Roumanians i 


Swiss 3 


The  President  of  the  Republic  in  his  annual  message  to  the 
Paraguayan  Congress  of  April  1 ,  1892  refers  to  the  subject  of  immi- 
gration and  colonization  in  the  following  way: 

We  have  had  this  year  less  immigrants  than  in  the  past,  the  fact  having  been 
noticed  not  less  in  our»country  than  in  all  others  on  the  River  Plate.  But  the 
1,429  immigrants  who,  through  different  ports  have  arrived  in  the  Republic,  are 
most  of  them  agricultural  people,  and  have  come  with  their  families  and  with 
the  intention  of  settling  here  forever.  A  large  number  of  them  have  established 
their  homes  in  the  interior  of  the  country  and,  attracted  by  the  fertility  of  the 
soil,  have  engaged  in  its  cultivation;  and  in  reality  there  are  few  places,  if  any, 
no  matter  how  remote,  where  a  foreigner  can  not  be  found. 

As  we  are  little  favored  in  this  respect  by  our  geographical  position,  we  have 
to  spend  money  and  make  liberal  concessions  if  we  wish  to  attract  to  our 
country  the  healthy  and  vivifying  currents  of  immigration. 

Under  the  flattering  auspices  of  our  law  of  colonization,  which  is  one  of  the 


122         LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

most  generous  and  hospitable  ever  enacted  in  South  America,  we  may  invite 
immigration  to  our  country,  but  we  must  be  prepared  to  receive  it  by  setting 
apart  the  proper  area  of  fertile  and  well-situated  lan'ds,  where  colonies  may  be 
founded  upon  the  arrival  of  the  immigrants. 

Besides  paying  the  expense  of  their  transportation  to  our  territory,  we  must 
deliver  to  them,  already  surveyed  and  with  their  limits  well  marked,  the  lots  ol 
ground  which  they  are  to  cultivate,  and  we  must,  furthermore,  provide  for  their 
support,  as  it  has  been  done  by  the  colony  Presidente  Gonzalez,  at  Caazapa,  until 
they  are  able  to  attend,  by  themselves,  to  their  necessities  from  the  produce  of  the 
lands. 

We  have  now  six  colonies  in  a  flourishing  condition,  and  their  productions 
begin  to  make  a  conspicuous  figure  in  our  domestic  consumption  and  in  our  com- 
merce of  exportation. 

The  colony  named  "Villa  Hayes"  has  large  plantations  ot  sugar  cane,  and 
many  farms  devoted  to  the  cultivation  of  maize,  tobacco,  beans,  and  fruit 
trees.      It  has  also  two  distilleries. 

The  colony  of  "Nueva  Germania"  has  some  important  plantations  of  sugar- 
cane, and  farms  of  tobacco,  maize,  coffee,  mandioca,  etc.^ 

The  colony  named  "Risso"  has  large  cotton  and  coffee  plantations. 

The  colony  of  "San  Antonio,"  which  is  the  property  of  the  Paraguay  and 
River  Plate  Bank,  6  miles  from  the  capital,  has  abundant  plantations  of  sugar- 
cane, and  farms  for  the  cultivation  of  maize,  tobacco,  and  vegetables  and  fruits 
of  all  kinds. 

The  colony  called  "San  Bernardino,"  which  has  become  of  such  importance 
as  to  be  no  longer  a  colony,  and  manages  its  own  public  affairs  through  a  muni- 
cipal body  and  a  justice  of  the  peace,  has  afforded  the  Government  the  legiti- 
mate satisfaction  of  showing  by  practical  facts  that  all  the  promises  made  by 
law  to  the  colonies,  are  faithfully  complied  with,  as  soon  as  the  said  colonies 
begin  to  have  a  life  of  their  own. 

The  colony  called  "Presidente  Gonzalez,"  situated  on  the  very  line  of  the 
railroad  to  Villa  Encarnaci6n,  has  land  whose  fertility  can  not  be  surpassed, 
covered  with  virgin  forests,  and  crossed  everywhere  by  streams.  Although 
recently  created,  it  has  already  26  foreign  colonists  with  families,  and  very  nearly 
300  natives,  all  of  them  engaged  in  agriculture.  The  area  of  the  colony  is 
36  square  miles. 

To  promote  still  further  the  prosperity  of  this  new  center  of  population,  the 
railroad  company  has  established  a  station  there,  and  agreed  with  the  Govern- 
ment to  reduce  by  50  per  cent  the  freight  to  be  paid  on  all  productions  of  the 
colony.      This  reduction  will  be  made  for  five  years  and  will  cheapen  and  other- 


PARAGUAY.  1 23 

wise  facilitate  the  transportation  of  the  products,  either  to  our  own  markets  or 
to  the  ports  where  they  are  to  be  shipped  for  foreign  countries. 

In  regard  to  colonization  through  private  enterprise  we  can  judge  of  its  suc- 
cess from  the  Casado  establishment  at  El  Chaco,  and  the  'colonies  called  Fives 
Lille  at  San  Pedro,  Rivas  at  Emboscada,  and  Villa  Sana  at  Concepcion.  They 
all  have  large  coffee  plantations,  and  are  engaged  besides  in  a  very  large  as  well 
as  profitable  timber  business.  They  have  a  large  number  of  laborers  and  con- 
stitute for  all  practical  purposes  centers  of  population. 

Two  model  agricultural  colonies  will  be  established,  within  a  very  short 
period,  in  lands  belonging  to  the  Government,  one  at  Santa  CJara,  in  the 
department  of  Caazapa,  and  the  other  at  Villa  Oliva,  We  must  not  be  de- 
terred from  carrying  out  these  plans  through  reasons  of  economy,  because  no 
expense  is  more  urgently  demanded  than  that  which  is  required  to  accomplish 
this  purpose,  nor  can  any  other  be  found  which  is  more  retributive  and  more 
conducive  to  establish  upon  substantial  bases  the  future  power  and  wealth  of 
the  nation. 

A  penal  colony  which  has  been  thought  of  as  a  means  to  repress  vagrancy, 
which  in  the  rural  districts  has  assumed  alarming  proportions,  will  also  be  estab- 
lished in  the  Department  of  Rosario. 

After  the  publication  of  the  above  message  the  Bureau  of 
American  Republics  received  officially  a  document  entitled  "In- 
formation on  the  President  Gonzalez  Colony  at  the  department 
at  Caazapa,"  from  which  the  following  is  extracted : 

GUARANTEES     AND     RIGHTS    OF     THE    INHABITANT. 

Constitution  of  November  24,  1S70. 

Art.  18.  All  the  inhabitants  of  the  Republic  enjoy  tne  following  rights,  ac- 
cording to  the  laws  that  rule  their  exercise:  Trade  and  navigation;  to  work 
and  exercise  every  class  of  lawful  industry  ;  to  meet  together  peacefully ;  to 
petition  the  authorities;  to  enter,  remain  in,  travel  in,  and  retire  from,  Para- 
guayan territory  without  passports;  to  publish  their  ideas  in  the  press  without 
previous  criticism;  to  use,  to  dispose  of,  their  property ;  to  associate  themselves 
for  useful  ends;   to  profess  freely  their  worship;   to  teach  and  learn. 

Art.  19.  Property  is  inviolable,  and  no  inhabitant  of  the  Republic  can  be 
deprived  of  it  unless  by  virtue  of  a  sentence  founded  on  law.  Expropriation 
for  public  utility  must  be  qualified  by  law  and  previously  indemnified.  Con- 
gress alone   can    impose  contributions   expressed  in   Article  4,  and,  without  its 


124         LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

special  authorization  to  do  so,  such  imposition  is  prohibited   to  any  authority 
or  person  whatsoever. 

No  personal  service  can  be  demanded  unless  by  virtue  of  law  or  sentence 
founded  on  law. 

Every  author  or  inventor  is  exclusive  owner  of  his  work,  invention,  or  dis- 
covery for  the  period  that  the  law  allows  him.  Confiscation  of  property  is 
forever  done  away  with  by  the  penal  code  of  Paraguay,  also  the  penalty  of 
death  for  political  offences.  No  armed  body  can  make  requisitions  or  compel 
any  kind  of  assistance  without  compensation. 

Art.  20.  No  inhabitant  of  the  Republic  can  be  punished  without  previous 
judgment  founded  on  law  made  before  the  offence  under  process,  nor  be  judged 
by  special  commissions,  except  as  arranged  by  Article  11.*  No  one  can  be 
forced  to  declare  against  himself,  nor  be  arrested  without  the  order  of  a  com- 
petent authority,  nor  detained  more  than  24  hours  without  his  offence  being 
communicated  to  him;  nor  can  he  be  detained  except  in  his  residence,  or  in 
public  places  destined  to  that  object. 

The  law  considers  as  innocent  those  who  have  not  been  already  declared 
guilty  or  legally  suspected  of  being  so  by  an  act  issued  by  a  competent  judge. 

Art.  21.    The  defence  of  persons  and  actions  on  trial  is  inviolable. 

The  domicile  is  inviolable,  as  also  written  correspondence  and  private  papers; 
the  law  determines  in  what  case  and  under  what  justification  a  forcible  entry  and 
occupation  may  be  proceeded  with.  All  kinds  of  torture  and  flogging  are  abol- 
ished. Prisons  should  be  healthy  and  clean  for  the  security  and  not  for  the  mor- 
tification of  prisoners  detained  in  them.  For  any  measure  that,  under  pretext  of 
precaution,  conduces  to  mortify  them  further  than  is  necessary  to  their  security, 
the  authorities  who  authorize  it  will  be  held  responsible. 

Art.  22.   Excessive  bail  shall  not  be  imposed,  nor  disproportionate  fines. 

Art.  23.  The  private  acts  of  a  man  that  in  no  way  offend  the  public  order 
or  morality,  nor  prejudice  a  third  party,  are  reserved  for  the  judgment  of  God 
and  are  exempt  from  the  authority  of  the  magistrates. 

No  inhabitant  of  the  Republic  can  be  obliged  to  do  what  the  law  does  not 
order,  nor  be  deprived  of  what  is  not  thereby  prohibited. 

Art.  24.  The  liberty 'of  the  press  is  inviolable  and  no  law  shall  be  passed 
that  in  any  way  deprives  it  of  this  right.    ' 

In  the  offences  of  the  press  a  jury  can  alone  understand,  and  in  causes  and 
demands  brought  on  by  publications  in  which  the  official  conduct  of  public  em- 
ployes is  censured,  proof  of  the  facts  shall  be  admitted. 

Art.  25.    In  the  Paraguayan  Republic  there  are  no  slaves.      If  any  exist  they 

*In  criminal  cases  the  right  to  be  tried  by  a  jury  is  assured  to  all  and  will  always 
remain  inviolable. 


PARAGUAY.  1 25 

become  free  on  this  constitution  being  sworn,  and  a  special  law  shall  determine 
the  indemnization  to  which  this  declaration  may  give  rise.  Slaves  by  any 
means  introduced  become  free  merely  from  the  fact  of  having  trodden  Para- 
guayan soil. 

Art.  26.  The  Paraguayan  nation  does  not  admit  prerogatives  of  blood  or 
of  birth;  personal  privileges  and  titles  of  nobility  do  not  exist.  All  her  in- 
habitants are  equal  before  the  law  and  are  admissible  to  any  employment  with 
no  other  condition  than  capacity.  Equality  is  the  base  of  taxes  and  public 
burdens. 

Art.  27.  The  electoral  right  of  the  citizen  is  inviolable,  and  the  President  and 
his  ministers  are  prohibited  from  all  direct  or  indirect  official  interference  in 
popular  elections. 

Any  city  or  country  authority  that,  on  his  own  account,  or  obeying  orders 
from  a  superior,  exercises  direct  or  indirect  coercion  on  one  or  more  citizens, 
commits  an  offense  against  the  liberty  of  election  and  is  responsible  individually 
before  the  law. 

Art.  28.  Any  person  is  empowered  in  the  Republic  to  arrest  an  offender  sur- 
prised in  the  execution  of  the  offense,  and  to  conduct  him  before  the  authority 
to  be  immediately  delivered  to  the  competent  judge. 

The  citizen  is  exempt  and  perfectly  free  of  all  dishonor  or  infamy  incurred  by 
the  commission  of  any  crime  or  capital  punishment  suffered  by  any  of  his  rela- 
tives. 

Art.  29.  Any  law  or  decree  that  is  in  opposition  to  what  this  Constitution 
ordains  remains  without  force  and  of  no  value. 

Art,  32.   No  law  shall  have  a  retroactive  effect. 

Art.  33.  Foreigners  enjoy  throughout  the  territory  of  the  nation  all  the  civil 
rights  of  the  citizen;  they  can  exercise  their  industries,  commerce  or  profession, 
hold  house  or  landed  property,  buy  or  sell  them,  navigate  the  rivers,  exercise 
freely  their  worship,  will  their  property,  and  marry  according  to  the  laws.  They 
are  not  obliged  to  naturalize  themselves  or  pay  extraordinary  forced  contri- 
butions. 

Art.  34.  The  declarations,  rights,  and  guarantees  that  are  enumerated  in  this 
fundamental  law  shall  not  be  understood  as  in  denial  of  other  rights  and  guaran- 
tees not  enumerated,  but  that  arise  from  the  principle  of  sovereignty  of  the 
people  and  from  the  form  of  the  republican  democratic  representation. 

PRESIDENT  GONZALEZ  COLONY. 

The  Government  of  Paraguay,  anxious  to  satisfy  the  numerous  requests  for 
concessions  of  lands  that  are  daily  received,  has  founded  recentlv  a  new  colony 
in  the  department  of  Caazapa. 


126        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

The  land,  which  consists  of  a  superfice  of  1 2  square  leagues,  is  crossed  by  the 
railroad  from  Asuncion  to  Villa  Encarnacion, 

It  has  been  divided  into  blocks  of  8  squares  frontage  by  8  squares  deep,  with 
a  road  on  each  of  its  four  sides.  Each  block  has  been  subdivided  into  4  lots 
equal  to  16  superficial  squares  (12  hectares). 

The  land  is  formed  of  a  series  of  small  hillocks,  and  is  traversed  by  brooks 
issuing  from  these  same  hillocks,  and  which  never  dry  up.  It  is  covered  with 
virgin  groves  that  contain  timber  of  the  finest  quality  found  in  the  country. 

The  timber  extracted  from  these  groves  can  be  made  use  of  with  the  greatest 
ease,  on  account  of  the  proximity  of  the  railway,  and  will  repay  the  colonists  the 
expense  of  cutting.  They  can  make  use  not  only  of  the  trees  that  are  valuable 
for  construction  and  furniture,  but  also  of  all  those  pieces  of  timber  that 
do  not  serve  for  that  end,  but  which  can  be  sold  for  firewood,  or  converted  into 
charcoal,  which  is  easily  sold  in  Asuncion  or  in  the  Argentine  Republic. 

The  nature  of  the  ground  that  supports  these  immense  virgin  forests,  peopled 
with  tropical  and  subtropical  plants,  attached  by  immense  filaments  that,  like 
monstrous  serpents,  wind  themselves  around  the  great  trees  in  search  of  the  air 
that  vivifies  them  and  the  heat  that  forces  the  growth  of  their  flowers  of  many 
colors,  is  sandy,  dyed  red  by  the  oxyhydrate  of  iron,  with  a  great  quantity  of 
vegetable  earth  produced  from  the  decayed  vegetation. 

From  their  topographic  situation  these  lands  are  good  for  any  cultivation. 
On  the  tops  of  the  hillocks,  sugar  cane,  tobacco,  wheat,  maize,  potatoes,  and 
peanuts  can  be  cultivated,  on  their  slopes  coffee  and  vines,  in  the  valleys  rice 
and  lucerne. 

The  Spaniards  cultivated  wheat  and  the  vine  during  the  whole  period  of  their 
occupation,  and  these  cultivations  did  not  cease  until  the  epoch  of  the  war. 

Vines  of  from  30  to  40  years  old  are  still  to  be  found  that  produce  frmt,  not- 
withstanding having  been  reduced  to  a  wild  state. 

Azara  speaks  of  these  cultivations  in  his  description  of  Paraguay. 

Of  all  these  advantages  the  greatest  consists  in  that,  alternating  the  cultiva- 
tion during  a  long  period,  you  may  sow  the  ground  continually. 

Maize  is  harvested  as  many  as  three  times  a  year. 

The  Government,  persuaded  that  colonization  well  directed  is  one  of  the  most 
efficacious  means  of  obtaining  a  spontaneous  immigration,  occupies  itself  seriously 
in  the  support  and  growth  of  the  colonies  established  in  sundry  parts  of  its 
territory. 

With  this  object  it  is  constantly  seeking  to  improve  the  conditions  of  the 
existence  and  future  of  the  colonists. 

For  this  reason  and  because  of  defects  in  the  present  colonization  laws  the 
Government  has  united  in  a  by-law  the  statutes  that  should  rule  the  "President 
Gonzalez  colony." 


PARAGUAY.  1 27 

BV-LAWS    OF    THE    PRESIDENT    GONZALEZ    COLONY. 

Article  1.  The  land  of  the  colony  shall  be  divided  into  blocks  of  8  squares 
frontage  by  8  squares  deep  with  a  road  on  each  of  its  four  sides.  Each  block 
shall  be  subdivided  into  four  lots  equal  to  16  superficial  squares. 

Art.  2.  To  each  agricultural  family  two  lots  shall  be  delivered,  or  half  a 
block,  at  the  price  of  two  dollars  per  square  of  10,000  varas,  payable  in  ten 
equal  annual  payments,  or  if  the  colonist  prefer  to  pay  at  sight,  one  dollar  per 
square.  The  colonist  must  also  pay  the  expense  of  demarkation  and  of  placing 
landmarks  of  his  lots,  but  such  payment  should  not  exceed  four  dollars  for  each 
lot  of  16  squares,  payable  in  10  equal  annual  payments,  and  at  sight,  for  those 
who  pay  cash. 

A  married  couple  is  considered  a  family.* 

Art.  3.  When  the  colonist  has  selected  his  lot  the  commissariat  will  issue 
a  provisional  warrant  of  sale  signed  by  the  commissary  of  the  colony  and  by 
the  colonist,  and  registered  in  the  general  commissariat  of  immigration  in 
Asujicion. 

In  this  warrant  of  sale  will  be  stated  the  extent  of  land,  number  of  lots,  con- 
ditions of  sale,  with  an  appendix  containing  these  by-laws. 

Two  copies  of  each  contract  must  be  made  out,  of  which  the  colonist  shall 
keep  one  and  the  commissary  the  other.  The  definitive  titles  to  the  property 
will  be  given  two  years  after  the  colonist  has  established  himself;  and  in  the  case 
of  buying  the  ground  on  annual  payments,  it  will  remain  mortgaged  for  the  sum 
that  remains  due  for  the  land,  expense  of  survey  and  placing  landmarks,  animals, 
tools,  and  subsidies. 

Art.  4.  If  a  family  distinguishes  itself  by  its  industry  and  good  conduct, 
tour  lots  more  of  land,  16  squares  in  each  lot,  may  be  conceded  under  the  condi- 
tions contained  in  article  2. 

The  family  that  in  the  space  of  two  years  counted  from  the  date  of  its 
installation  in  the  colony  shall  have  cultivated  and  sown  16  squares,  shall  be  pre- 
sented with  half  a  block  of  thirty-two  squares. 

Art.  5.  Unmarried  colonists  are  only  admitted  on  being  known  as  industrious 
laborers  and  of  good  conduct.  An  unknown  person  who  wishes  to  be  admitted 
as  a  colonist  must  first  work  at  least  six  months,  either  in  the  administration  of 
the  colony  or  with  some  other  colonist. 

Art.  6.  To  each  family  when  it  establishes-  itself,  and  solicits  it,  will  be  given 
the  following: 

(1)  A  handsaw,  a  whetstone,  a  pick  with  steel  point,  a  small  hatchet  for 
each  inale  colonist,  a  hatchet,  a  spade,  a  knife,  and  a  hoe  for  every  individual 
that  can  work  with  them. 


128        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

(2)  A  milch  cow  and  calf. 

(3)  A  pair  of  oxen,  a  yoke,  a  pair  of  leather  straps,  and  a  long  iron  chain  to 
draw  timber. 

A  plough  will  be  given  to  families  that  ask  for  it,  as  soon  as  they  have  prepared 
(2)  two  squares  of  land  for  sowing.*  All  these  objects  will  be  delivered  to  the 
colonist  at  cost  price  and  will  be  payable  in  three  yearly  payments,  at  the  end  of 
the  second,  third,  and  fourth  year  after  establishing  themselves. 

Art.  7.  All  the  seeds  that  the  colonists  can  sow  the  first  year  will  be  given 
to  them  free. 

Art.  8.  To  families  that  can  not  maintain  themselves  may  be  given  during 
the  first  six  months  of.  their  establishment  a  subsidy  as  an  advance,  (40)  forty 
cents  a  day  for  each  adult,  for  children  the  half;  these  advances  must  be  returned, 
one-half  at  the  end  of  the  fifth  and  one-half  at  the  conclusion  of  the  sixth  year 
of  settlement. 

Art.  9.  All  advances  made  to  colonists  will  be  free  of  interest  and  only  in 
■case  the  corresponding  quota  is  not  paid  the  day  on  which  it  becomes  due  will 
interest  be  charged  from  that  day  at  the  rate  of  8  per  cent  a  year. 

Art.  10.  In  order  to  facilitate  the  purchase  of  the  necessary  food,  the  com- 
missariat of  the  colony  will  cause  to  be  killed  as  many  cows  as  are  necessary 
each  week,  and  the  meat  will  be  sold  at  cost  price  to  the  colonists ;  a  grocery 
store  will  also  be  established  where  the  colonist  can  buy  every  necessity  at  an 
equitable  price. 

Art.  11.  In  the  first  five  years,  counted  from  date  of  the  establishment  of  the 
■commissariat,  no  colonist  can  establish  a  house  of  business,  drinking  or  clothing 
store,  without  previous  authorization  of  the  General  Commissariat  of  Immigra- 
tion. 

Art.  12.  All  roads  that  pass  by  the  colony  will  be  in  charge  of  the  commis- 
sariat of  the  colony,  but  a  year  after  the  establishment  of  the  colony  the  cost  of 
this  will  be  for  account  of  the  colonists,  up  to  half  the  breadth  of  the  road  in  the 
whole  extent  along  their  ground. 

Art.  13.  Any  colonist  of  bad  conduct,  incapable,  or  of  abandoned  habits, 
may  be  separated  from  the  colony  after  being  indemnified  for  the  value  of  his 
Vork,  estimated  by  arbitrators,  and  in  this  case  the  amount  of  all  advances  made 
by  Government  will  be  discounted. 

Likewise,  it  a  colonist  for  any  justifiable  motive  should  wish  to  retire  from  the 
colony,  he  can  not  do  so  without  first  paying  all  he  owes,  according  to  his 
accounts. 

*Oxen  for  drawing  timber  will  be  placed  alternately  at  the  disposition  of  families  by 
the  commissary  of  the  colony. 


PARAGUAY.  1 29 

Any  family  will  be  considered  as  incapable  or  abandoned  that,  after  two  years 
counted  from  the  date  of  its  installation,  has  not  cultivated  and  sown  four 
squares. 

Art.  14.  Any  question  that  may  arise  between  colonists  about  their  respective 
rights,  or  the  acquisition  of  any  lot  of  ground,  until  such  time  as  the  definitive 
titles  be  made  out,  as  also  all  questions  between  colonists  and  the  commissariat 
of  the  colony,  will  be  settled  by  the  department  of  immigration,  with  right  of 
appeal  to  the  Executive  power. 

Art.  15.  Colonists  have  a  right  also  to  the  agricultural  prizes  established  by 
the  laws  of  the  20th  and  22nd  of  December,  1890. 

Art.  16.  The  administration  of  the  colony  will  be  composed  of  a  commis- 
sary, an  accountant-secretary,  one  or  two  overseers,  according  to  the  number 
of  families,  and  corresponding  labourers. 

Art.   17.   The  obligations  of  the  commissary  are  as  follows: 

(1)  To  put  each  family  or  colonist  in  possession  of  the  lots  intended  for  them. 

(2)  To  provide  for  the  security  of  the  colony  and  have  at  his  orders  the  neces- 
sary persons. 

(3)  To  provide  for  the  mending  and  clearing  of  the  roads. 

(4)  To  keep  a  census  of  the  colony,  exact  statistical  data  of  the  cultivation 
of  the  colony,  and  the  yearly  produce  of  the  seed  sown,  to  which  end  col- 
onists are  bound  to  render  all  the  information  asked  for. 

(s)  To  give  the  colonists  all  information  they  may  ask  and  to  assist  them  with 
his  good  advice. 

(6)  In  case  of  quarrels  amongst  the  colonists  he  must  serve  as  friendly  arbi- 
trator, and  in  case  of  inability  to  settle  the  question  amicably,  to  serve  them 
as  interpreter,  if  necessary,  before  a  competent  judge. 

(7)  To  take  care  that  at  the  end  of  six  months  after  their  establishment  a 
family  shall  have  planted  twenty  fruit  trees  and  sown  ten  rows  of  one  hundred 
varas  of  each  crop,  of  maize,  mandioc,  mani,  beans,  sweet  potatoes,  sugar  cane, 
and  rice,  wherever  the  ground  is  suitable  for  their  growth, 

(8)  To  present  each  month  to  the  minister  to  whom  the  care  of  the  coloni- 
zation department  is  intrusted,  a  report  upon  the  state  of  the  colony  and  the 
work  done  in  it. 

Art.  18.   The  obligations  of  the  accountant-secretary  are  as  follows: 

( 1 )  To  represent  the  commissary  in  his  absence. 

(2)  To  write  the  correspondence  ordered  by  the  commissary ;  to  keep  a 
register,  where  he  shall  note  the  entry  of  all  colonists,  with  the  names  of  each, 
their  nationality  and  trade;  another  book  with  notes  of  births  and  deaths  in 
the  colony ;  a  cash  book,  a  book  of  accounts  current  with  the  colonists,  and  a 
day-book  for  the  ledger,  for  the  better  regularity  of  the  accounts  kept. 

Bull.  r)3 0 


130        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

The  accountant-secretary  must  deliver  to  each  colonist  a  small  book  in 
which  are  to  be  noted,  besides  the  sum  owed  for  the  purchase  of  the  land,  all 
that  he  receives  or  delivers,  be  it  animals,  tools,  money,  etc.;  in  the  last  pages 
of  the  book  must  be  noted  the  dates  on  which  sums  to  be  paid  become  due. 

These  books  shall  be  numbered,  signed,  and  each  leaf  stamped  by  the  commis- 
sary-general of  immigration. 

Art.  19.  The  overseer  is  obliged  to  execute  the  orders  of  the  commissary, 
or,  in  his  absence,  of  the  accountant-secretary,  divide  the  work  between  the 
labourers  and  look  after  them. 

Art.  20.   The  colony  will  be  exempt  from  the  imposition  of  direct  taxes  for 

the   space  of  ten    years,  to   count  from    the    day  that   the  respective  intendant 

is  established  there. 

Asuncion,  2(^th  of  December,  iSpi. 

Let  it  be  approved,  communicated,  and  published. 

Gonzalez.     , 
Venancio  V.  Lopez, 
Josl^  T.  SOSA. 

AGRICULTURAL    PREMIUMS    LAV», 

The  Senate  and  Chamber  of  Deputies  of  the  Paraguayan  Nation  in  Congress 
lassembled  sanction  with  the  force  of  law — 

Art.  1.  't'he  sum  of  two  hundred  thousand  dollars  annually  shall  be  devoted 
to  the  promotion  of  agriculture  and  national  industry  for  the  term  often  years, 
to  count  from  the  promulgation  of  the  present  law. 

Art.  2.  For  the  carrying  out  of  the  foregoing  article,  the  following  premiums 
will  be  established  annually  and  adjudged  to  agriculturists  and  industrials  in  the 
following  form : 

(1)  Twenty  premiums  to  those  who  cultivate  a  certain  superficial  area  of 
tobacco,  on  condition  that  this  be  dried  in  the  shade,  fermented,  and  submitted 
to  the  other  handling  necessary  to  make  it  acceptable'  in  foreign  markets,  ac- 
cording to  rules  laid  down  by  the  Executive  power. 

The  said  rewards  will  be  comprehended  in  the  following  categories : 

(2)  Two  premiums  of  five  thousand  dollars  each  to  him  who  cultivates  an 
area  that  produces  annually  100,000  pounds  of  tobacco. 

(3)  Two  premiums  of  one  thousand  eight'hundred  and  seventy-five  dollars 
each  to  him  who  cultivates  a  superficial  area  that  produces  annually  37,500 
pounds  of  tobacco. 

(4)  Four  premiums  of  one  thousand  two  hundred  and  fifty  dollars  each  to 
him  who  cultivates  a  superficial  area  that  produces  annually  25,000  pounds 
of  tobacco. 


faraguav.  131 

(5)  Ten  premiums  of  six  hundred  and  twenty-five  dollars  each  to  him  who 
cultivates  a  superficial  area  that  produces  12,500  pounds  of  tobacco. 

(6)  Three  premiums  of  four  thousand  dollars  each  to  those  who  cultivate 
fifteen  thousand  coffee  plants,  the  following  year  after  first  giving  fruit. 

(7)  Two  premiums  of  four  thousand  dollars  each  to  him  who  cultivates 
twenty-five  thousand  cotton  plants  producing  crops. 

(8)  Two  premiums  of  five  thousand  dollars  each  to  those  who  cultivate 
eighty  squares  of  sugar-cane  producing  crops. 

(9)  A  premium  of  five  thousand  dollars  to  him  who  cultivates  twenty-fiCe 
thousand  Brazilian  banana  plants  producing  fruit,  known  by  the  name  of  "Saint 
Thomas,"  now  imported  for  consumption  in  the  Argentine  Republic. 

(10)  Five  premiums  of  one  thousand  dollars  each  to  those  who  cultivate  ten 
squares  of  "mani"  producing  crops. 

(11)  Four  premiums  of  one  thousand  two  hundred  and  fifty  dollars  each  to 
those  who  cultivate  ten  squares  of  rice,  equivalent  to  3,750  pounds  per  square. 

(12)  A  premium  of  five  thousand  dollars  to  him  who  cultivates  one  hundred 
squares  of  alfalfa  (lucerne),  at  the  rate  of  5,000  pounds  per  square. 

(13)  Five  premiums  of  one  thousand  dollars  each  to  those  who  cultivate  a 
superficial  area  that  produces  250,000  pounds  of  maize  per  year. 

(14)  A  premium  of  five  thousand  dollars  to  him  who  cultivates  one  hundred 
thousand  Brazilian  pineapple  plants  (abacaxi)  producing  fruit. 

(15)  A  premium  of  five  thousand  dollars  to  him  who  cultivates  eighty  squares 
of  ramie  plants. 

(16)  A  premium  of  five  thousand  dollars  to  him  who  plants  fifteen  thousand 
orange  trees,  payable  the  following  year  after  first  giving  fruit. 

(17)  A  premium  of  five  thousand  dollars  to  him  who  plants  twenty  thousand 
lemon  plants,  half  of  the  country  (limon  cent6)  vulgarly  called  "sutil,"  and  hair 
known  as  the  Italian  lemon,  payable  the  following  year  after  first  giving  fruit. 

The  plantations  referred  to  in  the  14th,  16th,  and  17th  clauses  should  be 
situated  near  the  Paraguay  River,  or  in  situation  of  easy  communication  with 
suitable  points  for  exportation. 

(18)  A  premium  of  five  thousand  dollars  to  him  who  cultivates  twenty-five 
thousand  grape  vines,  payable  the  following  year  after  first  giving  fruit 

(19)  A  premium  of  ten  thousand  dollars  to  him  who  establishes  a  sugar  mill 
that  produces  annually  250,000  pounds.  .    ♦ 

(20)  A  premium  of  ten  thousand  dollars  to  him  who  implants  a  distillery  of 
alcohol  that  produces  annually  five  hundred  pipes  for  exportation. 

(21)  A  premium  of  ten  thousand  dollars  to  him  who  sets  up  a  steam  saw 
miH  that  prepares  annually  fifty  thousand  sleepers  for  exportation. 


132        LAWS    RELATING   TO    IMMIGRATION    AND    PUBLIC    LANDS. 

(22)  A  premium  of  five  thousand  dollars  to  him  who  establishes  a  wine 
factory,  made  from  raw  rnaterials  of  the  country,  that  produces  annually  one 
hundred  pipes. 

(23)  A  premium  of  ten  thousand  dollars  to  him  who  establishes  a  factory  of 
common  cloth  made  from  raw  materials  of  the  country. 

(24)  A  premium  of  ten  thousand  dollars  for  a  factory  for  the  extraction  of 
textile  fibres  generally  produced  in  the  country. 

(25)  A  premium  of  five  thousand  dollars  to  him  who  establishes  a  factory  of 
cooking  oil,  made  from  raw  materials  of  the  country,  that  produces  annually 
125,000  pounds. 

(26)  A  premium  of  five  thousand  dollars  to  him  who  establishes  a  factory  for 
the  preparation  of  (dulces)  preserved  fruits,  in  the  necessary  condition  for  ex- 
portation, to  the  amount  of  125,000  pounds. 

(27)  Two  premiums  of  five  thousand  dollars  each  to  him  who  establishes  a 
cigar  factory,  for  tobacco  prepared  under  the  conditions  determined  in  clause  i, 
that  produces  annually  one  hundred  and  fifty  thousand  cigars. 

(28)  A  premium  of  five  thousand  dollars  to  him  who  establishes  a  factory  or 
mandioca  flour  that  produces  annually  250,000  pounds. 

(29)  A  premium  of  five  thousand  dollars  to  him  who  cultivates  a  superficial 
area  that  produces  annually  15,000  pounds  of  indigo. 

Art.  3.  The  industrial  premiums  will  be  adjudged  only  when  the  factory  and 
its  dependencies  represent  three  times  the  value  of  the  premium  accorded. 

Art.  4.  A  national  jury,  composed  of  six  native  members  and  six  foreigners, 
appointed  by  the  executive  power  and  presided  over  by  the  president  of  the  na- 
tional bank,  will  be  charged  with  adjudging  the  premiums  referred  to  in  this  law. 

The  office  of  member  of  this  jury  is  honorary  and  must  be  discharged  gratu- 
itously. 

Art.  5.  The  importation  of  the  machinery  and  other  indispensable  imple- 
ments for  the  setting  up  of  the  factories  referred  to  in  the  present  law,  is  declared 
free  of  duties  for  the  term  of  ten  years. 

Art.  6.  The  national  jury  are  empowered  to  hold,  at  least  every  two  years,  a 
rural  and  industrial  exhibition  on  the  occasion  of  adjudging  the  premiums.  The 
expenses  of  these  exhibitions  will  be  paid  by  the  section  of  agriculture  of  the 

national  bank. 

Art.  7.  Twtfnty-five  per  cent  of  the  profits  of  the  national  bank,  determined  in 
article  52  of  its  organic  law,  shall  be  applied  to  the  payment  of  the  premiums 
established  in  article  2  and  other  necessary  and  indispensable  expense's  requirep 
to  be  made  by  the  jury;  for  the  better  carrying  out  of  its  undertaking,  aside  from 
this  the  State  will  provide  out  of  the  general  revenues  for  the  fulfilment   of  this 


PARAGUAY.  133 

law,  should  the  means  above  referred  to  be  considered  insqfficient  to  cover  both 
objects. 

Art.  8.  The  section  of  agriculture  of  the  national  bank  is  empowered  to 
furnish  to  the  agriculturists  who  solicit  them  seeds  and  plants  whose  cultivation 
especially  recommends  itself,  the  repayment  to  be  made  at  cost  price. 

Art.  9.   The  executive  power  will  enforce  the  present  law. 

Art.  10.  Communicate  to  the  executive  power. 

Given  in  the  Chamber  of  Sessions  of  the  Legislative  Congress  on  the  18th  ot 
December  of  1890. 


Peru, 


The  proverbial  immensity  of  the  resources,  mineral,  agricultural, 
and  others,  which  has  rendered  the  name  of  Peru  in  every  civilized 
language  the  synonym  of  great  wealth,  and  the  system  of  labor 
upon  which,  until  18^4,  the  econornical  structure  of.  the  country 
was  based,  prevented  the  Peruvian  Government  and  people,  with 
rare  exceptions,  fi-om  giving  much  attention  to  the  problem  of 
foreign  immigration  and  colonization,  Bolivar,  in  his  celebrated 
"prophetic  letter"  of  1815,  said  that  "gold  and  slaves"  would 
be  an  obstacle  in  the  way  of  the  real  independence  and  happiness 
of  Peru,  and  history  has  substantiated,  economically  at  least,  the 
apparently  paradoxical  assertion  of  the  great  Liberator, 

True  it  is  that  by  a  decree  of  August  1 2,  1 82 1 ,  the  first  steps 
were  taken  to  abolish  slavery,  by  declaring  every  one  born  in  Peru 
on  or  subsequent  to  the  28th  day  of  July  of  the  same  year  to  be 
free,  and  by  enacting  other  provisions.  The  abolition  of  slavery 
was  not  consummated,  however,  until  December  3,  1854,  and 
before  that  moment  no  movement  intended  to  introduce  free 
laborers  or  to  lift  up  the  labor  to  the  spheres  of  its  own  dignity 
could  be  successful. 

Together  with  the  problem  of  slavery,  the  Peruvian  Govern- 
ment and  people  have  seen  themselves  confronted  by  the  dingers 
of  the  coolie  system,  which  they,  in  their  natural  anxiety  to 
prevent  their  most  vital  interests  from  being  ruined  beyond  remedy, 
allowed  to  increase  to  uncomfortable  proportions.  The  numerous 
decrees  by  which  Chinese  immigration  into  Peru  has  been  allowed 

134 


PERU.  135 

and  even  encouraged,  while  by  others  restricted  and  even  forbidden 
absolutely,  afford  an  opportunity  for  studious  people  to  look  into 
the  workings  of  such  artificial,  unsafe,  and  undesirable  ways  of 
increasing  the  population  of  a  country. 

On  the  27th  of  August,  1859,  a  contract  was  made  and  entered 
into  by  the  Government  with  a  private  company  for  the  introduc- 
tion into  Peru  of  25,000  Irish  immigrants.  On  November  22  of 
the  same  year  arrangements  of  the  same  kind  were  made  with 
another  company  for  the  importation  of  an  indefinite  number  of 
Spanish  colonists;  and  on  December  31,  i860,  and  May  29, 
1869,  similar  steps  were  taken  to  secure  immigrants  from  Ger- 
many. 

None  of  these  measures  answered,  except  incompletely  and  un- 
satisfactorily, the  purposes  of  the  Government,  and  the  system  of 
individual  contracts  was  then  set  aside,  at  least  temporarily,  to  be 
replaced  by  legislation  of  a  larger  scope.  President  Pardo  issued 
on  the  17th  of  December,  1872,  an  important  decree  authorizing 
the  establishment  of  a  European  immigration  association,  with 
power  to  send  agents  to  the  different  countries  of  Europe,  for  the 
purpose  of  "promoting  and  facilitating  European  immigration  in 
the  Republic  of  Peru  and  securing  employment  to  the  immi- 
grants immediately  after  their  arrival."  This  association,  con- 
sisting of  twenty-five  members,  and  divided  into  five  committees 
of  five  members  each,  in  the  following  way:  Committee  of 
England  and  Ireland;  of  France,  Belgium,  and  Switzerland;  of 
Germany,  Austria,  and  Holland;  of  Sweden,  Norway,  and  Den- 
mark, and  of  Italy,  Spain,  and  Portugal,  has  for  its  object — 

( 1 )  To  managcand  disburse  the  funds  appropriated  by  Congress 
for  the  purposes  of  its  establishment. 

(2)  To  represent  the  immigrants  before  the  Government  in  all 
their  business  and  transactions. 

(:^)  To  contract  for  the  transportation  of  the  immigrants,  pro- 
vide them  with  lodgings  and  board  upon  their  arrival,  and  see  that 


136        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

they  are  taken  in  the  proper  way  to  the  places  where  they  are  to 
settle. 

(4)  To  distribute  among  the  immigrants  the  lands  which  the 
Government  may  set  apart  for  that  purpose,  and  fix  the  amounts, 
if  any,  to  be  paid  for  them,  as  well  as  the  terms  and  conditions 
upon  which  the  possession  of  the  said  lands  shall  be  given  them. 

(5)  To  provide  the  immigrants  with  domestic  animals  and 
seeds,  if  they  are  to  engage  in  agriculture,  or  with  proper  em- 
ployment of  whatever  kind,  if  they  belong  to  other  classes  of 
laborers. 

(6)  To  intervene  in  all  contracts  to  be  made  by  the  immi- 
grants in  regard  to  their  personal  labor  and  services. 

(7)  To  act  as  arbitrator  in  all  questions  arising  between  the 
immigrants  and  their  employers  out  of  the  labor  contracts  made 
and  entered  into  by  them,  should  the  said  contracts  provide  for 
such  arbitration. 

(8)  To  contract  loans  with  real  estate  banks  (bancos  hipoteca- 
rios)  and  invest  the  money  in  lands  to  be  given  the  immigrants 
upon  mortgage  of  the  same  lands  and  the  Government's  approval 
of  the  transaction. 

(9)  To  establish  such  branches  or  agencies  in  Europe  as  may 
be  necessary  to  promote  and  facilitate  immigration. 

(10)  To  suggest  all  measures,  within  the  scope  of  its  constitu- 
tion and  rules,  conducive  to  the  increase  of  immigration  and  the 
welfare  of  the  immigrants,  as  well  as  the  protection  of  their  rights 
and  interests. 

Subsequently  to  this  decree  the  Peruvian  Congress  passed  a  law 
(April  28,  1873)  n^aking  a  standing  appropriation  of  100,000 
soles  every  year  for  the  promotion  of  European  immigration,  said 
fund  to  be  applied  as  required  by  the  circumstances  of  the  nation- 
ality or  class  of  labor  or  industry  more  immediately  desired, 
and  authorizing  the  Executive  to  grant  public  irrigated  lands  to 
the  immigrants.     If  the  lands  are  not  irrigated  the   Executive  is 


PERU.  137 

instructed  to  provide  for  their  irrigation  out  of  the  funds  for  that 
purpose  appropriated  by  the  special  law  on  the  subject  of  January 
24,  1871;  and  in  all  cases  the  colonists  shall  be  bound  to  pay 
back  to  the  Government  the  expenses  which  the  latter  shall  have 
incurred  for  their  benefit,  except  the  expenses  of  transportation ; 
said  payment  to  be  made  in  installments  and  in  such  a  manner  as 
the  Executive  may  designate.  A  further  appropriation  of  2  5',ooo 
soles  was  made  on  October  2,  1890,  to  bring  immigrants  from 
Europe. 

By  a  still  later  decree  of  April  13,  1874,  auxiliary  committees 
of  immigration  were  established  in  all  important  centers — agri- 
cultural, industrial,  or  commercial — of  the  Republic,  with  instruc- 
tions to  work  under  the  advice  and  direction  of  the  European 
Immigration  Association  of  Lima.  Each  one  of  these  commit- 
tees consists  of  five  members,  appointed  by  the  respective  local 
governors  or  prefectos,  who  generally  choose  for  this  purpose  citi- 
zens of  prominence  and  ability. 

Foreigners,  under  section  28  of  the  Constitution  of  Peru  (pro- 
mulgated November  13,  i860),  are  on  exactly  the  same  footing 
as  Peruvian  citizens  by  birth,  as  far  as  the  acquisition,  holding, 
and  transfer  of  real  estate  are  concerned.  They  can  purchase, 
possess,  and  sell  and  dispose  of  it  by  will  or  otherwise  without 
hindrance  of  any  kind^  and  as  fi^eely  and  safely  as  any  native  citi- 
zen of  the  Republic. 

On  February  13,  1892,  the  Secretary  of  Government,  Police, 
and  Public  Works  furnished  the  following  information  concern- 
ing public  lands : 

The  only  provisions  relating  to  the  disposition  of  public  lands  which  are  now 
in  force  at  Peru  are  those  made  and  enacted  by  the  law  of  November  4,  1887; 
under  the  ninth  section  of  which  the  prefects  and  subprefects  were  authorized 
to  grant,  gratuitously,  a  tract  of  public  lands  to  anyone,  whether  citizen  or 
alien,  who  should  apply  for  it.  Concessions  granted  by  the  subprefects  shall 
never  exceed  30  acres,  while  those  granted  by  the  prefect  may  reach  a  limit 
of  300  acres.     The  extent  of  the  concession  is  to  be  governed  in  all  cases  by 


138        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

the  means  of  labor  and  the  resources  of  the  applicants.  The  Chief  Executive 
may  grant,  under  the  same  section  9  of  the  law  above  named,  3,700  acres 
in  one  lot;  but  the  approval  of  Congress  shall  be  required  for  all  concessions 
exceeding  this  limit. 

The  conditions  on'which  the  concessions  have  been  thus  far  granted  are  as  fol- 
lows: That  the  applicants  bind  themselves  to  bring  to  the  Republic  two  adult 
colonists  for  each  37  acres  asked  for,  and  that  the  location  of  the  tract  of  land 
which  is  desired  be  actually  determined  within  six  months  subsequent  to  the  appli- 
cation. Lands  on  the  banks  of  the  rivers  can  not  have  a  depth  less  than  their 
river  front. 

If  at  least  one-fifth  of  the  area  of  land  granted  is  not  under  cultivation  within 
two  years  subsequent  to  the  grant  it  will  be  forfeited. 

These  are  the  principal  provisions  which  govern  the  grants  of  mountainous 
lands  in  the.  Republic,  and  many  concessions  have  been  thus  far  made  in  com- 
pliance with  them. 

A  bill  on  colonization  and  immigration  is  now  pending  in  Congress.  It  was 
introduced  last  year,  but  business  of  other  nature  has  thus  far  prevented  its 
proper  consideration  and  passage. 

Two  days  later  the  same  secretary,  in  answer  to  several  inquiries 
made  by  several  citizens  of  Oklahoma,  United  States,  repeated 
the  above  information,  and  supplemented  it  in  the  following  way : 

In  addition  to  the  foregoing,  I  have  only  to  say  that  all  the  lands  which  the 
Government  grants  for  colonization  purposes  are  mountainous,  and  that  their 
height  above  the  level  of  the  sea  varies  from  100  to  3,000  meters  or  more.  They 
all,  nevertheless,  are  arable  and  exceedingly  fertile.  Nature  itself  attends  by 
means  of  heavy  rains  to  their  proper  irrigation,  and  all  that  the  colonist  has 
to  do  for  reaping  the  fruit  of  his  work  is  to  acquire  and  use  the  proper  seeds  and 
instruments  of  labor. 

An  interesting  publication  on  immigration,  made  by  order  of 
the  Government,  at  Lima,  1892,  gives  the  text  of  the  law  of  October 
14,  1887,  under  which  the  time  of  operation  of  the  law  of  January 
9,  1865,  on  the  concessions  of  public  lands,  was  extended  ten 
years.  That  law,  which  therefore  remains  in  force  until  1897,  pro- 
vides, among  other  things,  as  follows : 

Sec.  4.  Full  ownership,  in  fee  simple,  of  the  lands  which  they  may  cultivate 
shall  be  given  to  the  native  settlers. 

The  same  privileges  shall  be  given  to  all  citizens  of  Peru  who  settle  in  said 
lands  and  undertake  their  cultivation. 


PERU.  139 

Sec.  5  The  favor  granted  by  the  foregoing  article  shall  be  extended  to  all 
foreigners  of  whatsoever  nationality  settling  on  the  said  laiuis  and  cultivating 
them. 

Sec.  6.  No  taxes  of  any  character,  whether  civil,  ecclesiastic,  or  judicial,  shall 
be  paid  by  these  new  settlers.  They  shall  be  exempted  also  from  parochial 
duties  and  from  the  necessity  of  using  stamped  paper  when  reducing  their  public 
contracts  to  writing.  The  pastors  of  their  churches  shall  be  supported  by  the 
national  treasury.  These  privileges  shall  last  for  20  years,  to  be  counted  from 
the  promulgation  of  this  law. 

Sec.  8.  The  present  law  shall  be  applicable  to  all  settlements  which  in  the 
future  may  be  made  or  undertaken  in  the  Republic,  the  right  of  the  government 
to  provide  what  may  then  be  proper  according  to  circumstances  being,  however, 
reserved. 

Among  the  most  important  concessions  granted  by  the  Gov- 
ernment of  Peru  to  private  companies  for  immigration  and  coloni- 
zation purposes,  the  following  deserve  particular  mention  : 

(1)  The  concession  of  123,550  acres,  granted  on  October  H), 
1888,  to  Messrs.  Landi,  Canessa  &  Co. 

(2)  The  concession  of  1,235,500  acres,  granted  on  November 
19,  1891,  to  the  company  doing  business  under  the  name  of  the 
Peruvian  Corporation,  Limited. 

The  form  ot  application  to  be  made  to  the  Secretary  of  Gov- 
ernment, Police,  and  Public  Works,  as  given  by  the  official  pub- 
lication, is: 

Most  Excellent  Sir:  I,  A.  B.  [the  applicant],  do  hereby  appear  before  you 
and  say:   That  in  use  of  the  privilege  granted   me  by  the  law  of  November  4, 

1887,  I  do  now  make  application  for  the  concession  of hectares  of  land 

at ,  on  which   I    propose  to  etigage  in  the  cultivation  of .     And 

to  this  end  I  apply  to  you,  and  pray  you  to  issue  the  proper  decree. 

[Signature  of  the  applicant.] 

Lima,  ,  . 

The  Peruvian  Government  has  made,  according  to  a  report  of 
Mr.  A>  I.  Daugherty,  United  States  consul  at  Callao,  dated  June 
30,  1891,  an  appropriation  of  30,000  soles  to  cover  the  expenses 


140        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

of  a  survey  of  the  unoccupied  government  lands,  and  a  commis- 
sion has  been  appointed  to  carry  out  the  object  of  this  law. 

The  prices  of  land  under  cultivation,  says  Mr.  Daugherty, 
vary  very  much.  All  lands  between  the  Andes  and  the  sea  are 
irrigated,  At  some  places  land  may  be  had  from  100  to  200 
silver  soles  per  fanegada,  a  fanegada  being  generally  228  yards 
front  by  144  deep,  or  41,472  square  yards.  In  some  places  it  is 
only  144  by  144,  and  in  others  144  by  100. 

In  the  vicinity  of  Lima  the  irrigated  lands  are  much  higher 
and  bring  from  200  to  500  silver  soles  per  fanegada. 


U  ruguay. 


The  immigration  and  colonization  laws  of  the  Republic  of 
Uruguay  have  worked  as  successfully  as  the  laws  which  the 
Argentine  Republic  enacted  for  the  same  purpose  and  have  been 
mentioned  in  the  proper  place  in  this  Bulletin.  The  Anuario 
Estadistico  for  1890  shows,  among  many  other  interesting  facts, 
that  since  1867  a  current  of  immigration,  most  of  it  from  Eu- 
rope, has  been  constantly  running  into  the  Republic,  and  that  it 
increased  to  10,446  in  1889,  while  in  the  following  year  it  dropped 
to  8,816. 

Out  of  the  53,803  registered  immigrants,  26,909,  or  a  little 
over  one-half,  were  Italians.  Still  more  important  and  interest- 
ing than  this  is  the  fact  that  in  the  city  of  Montevideo,  the  capital 
of  the  Republic,  out  ot  the  1 2,358  taxpayers,  owners  of  property 
assessed  at  $119,289,439,  there  are  more  Italians  than  native 
Uruguayans,  or  citizens  of  any  other  nationality  whatsoever.  The 
Italians  head  the  list  with  4,267,  and  after  them  come  the  natives 
to  the  number  of  3,868,  and  then  the  Spaniards  and  the  P  rench, 
€tc.  The  largest  amount  of  property  remains,  however,  in  the 
hands  of  the  Uruguayans,  whose  holdings  amount  to  $53,596,719; 
while  that  of  the  Italians,  who  come  next  (although  more  numer- 
ous), is  valued  at  $27,139,666. 

141 


1 


142       LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

The  immigration  law  promulgated  at  Montevideo  on  the  12th 
of  J  une,  1 890,  reads  as  follows  : 

Chapter    I.  —  Of  the   agents    of   information    and   propaganda   in  foreign 

countries. 

Article.  1.  The  consuls  and  consular  agents  of"  the  Republic  shall  be,  for  all 
the  purposes  ot  the  present  law,  agents  of  information,  and  propaganda  in  re- 
gard to  immigration  ;  and  they  shall  attend  to  this  duty  under  the  supervision  of 
the  respective  diplomatic  ministers,  and  in  conformity  with  the  instructions  which 
the  executive  power  shall  have  transmitted  to  the  latter. 

Art.  2.  The  duties  of  the  consuls  and  consular  officers  in  their  capacity  of 
such  agents,  under  the  present  law,  shall  be  as  follows : 

(1)  To  furnish  all  the  information  which  may  be  asked  of  them  either  by 
intended  immigrants,  by  agents  of  navigation  companies,  or  by  any  other  person 
residing  within  the  consular  district,  in  regard  to  the  laws  of  the  Republic,  sta- 
tistics concerning  the  same,  or  the  general  condition  of  the  country. 

(2)  To  make  constant  efforts  to  secure  and  increase  immigration  into  the 
Oriental  Republic  of  Uruguay,  and  correct  all  errors  which  may  prevail  in  their 
respective  localities  and  hinder  or  embarrass  their  action.  They  shall  be  par- 
ticular in  causing  the  people  to  become  acquainted  with  the  geographical,  eco- 
nomical, and  social  condition  of  the  Republic,  the  advantages  which  immigrants 
would  enjoy  in  it,  and  the  special  favors  which  are  granted  to  them,  not  only  in 
so  far  as  regards  the  expenses  of  their  coming  to  the  country  but  also  after  their 
landing,  in  the  shape  of  gratuitous  lodging  and  board  during  the  first  days  and  of 
providing  them  with  profitable  employment. 

(3)  To  report  to  the  Executive  whatever  laws  or  regulations  have  been  en- 
acted or  made  in  the  countries  in  which  they  are  respectively  exercising  their 
functions,  intended  to  promote  immigration  or  to  reform  and  improve  the 
methods  therein  resorted  to  for  colonization  purposes  and  for  the  development 
of  agriculture,  if  applicable  to  Uruguay. 

(4)  To  certify  to  the  ability  to  work  and  good  conduct  of  every  individual 
who  may  wish  to  come  to  the  Oriental  Republic,  or  authenticate  the  certifi- 
cates to  the  same  effect  which  may  have  been  issued  by  the  local  authority. 

(5)  To  dispose  at  once  of  the  tickets  entitling  the  bearer  to  a  passage  to  Uru- 
guay, which  beforehand  may  have  been  sent  to  them  officially. 

(6)  To  account,  with  proper  vouchers,  for  all  the  moneys  received  by  them 
from  the  Government  to  meet  the  expenses  of  this  service. 

(7)  To  submit  to  the  Executive  an  "annual  report  on  the  immigration  move- 
ment through  the  port  or  ports  of  their  respective  districts,  showing  the  number 


URUGUAY.  143 

of  immigrants  who  sailed  from  there  in  that  year,  either  for  the  Oriental 
Republic  of  Uruguay  or  for  other  countries,  and  suggesting  whatever  in  their 
opinion  may  be  proper  to  increase  the  number  or  improve  the  quality  of  the 
immigrants  for  Uruguay. 

Art.  3.  These  agents  shall  neither  demand  nor  accept  from  any  private  par- 
ties, under  penalty  of  dismissal  from  the  service,  any  remuneration  or  compen- 
sation whatever  for  services  which  under  the  present  law  are  incumbent  upon 
them,  or  which  in  the  future  may  be  intrusted  to  them,  under  the  same  law, 
either  by  the  Executive,  or  by  diplomatic  ministers  representing  the  Republic  in 
the  countries  in  which  they  serve. 

Art.  4.  When  the  consul  or  consular  agent,  who,  under  the  provisions  of 
the  present  law,  shall  act  as  agent  of  information  and  propaganda,  receives  as 
compensation  for  his  services  only  scanty  fees,  the  Executive  shall  have  authority 
either  to  cause  an  adequate  salary  to  be  paid  him  for  his  extra  labors  in  regard 
to  immigration,  or  to  entrust  this  additional-  service  to  another  official,  to  whom 
the  proper  salary  shall  be  paid. 

Art.  5.  The  Executive  shall  give  an  account  at  the  end  of  each  year  to  the 
National  Congress  [AsambUa  General)  of  the  use  it  may  have  made  of  the 
power  granted  in  the  foregoing  article,  and  Congress  shall  then  decide  whether 
the  expenses  so  incurred  shall  or  shall  not  continue  to  be  paid.  If  the  decision 
be  favorable  to  its  continuation,  then  an  item  providing  therefor  shall  be  included 
in  the  regular  appropriation  bill. 

Chapter   II. — Of  the  immigrants. 

Art.  7.  Within  the  meaning  of  this  law,  every  honest,  able  bodied  alien  who 
comes  to  the  Oriental  Republic  of  Uruguay,  on  board  a  steamer  or  sailing  vessel, 
as  a  second  or  third  class  passenger,  with  the  intention  of  establishing  in  it  his 
permanent  residence,  shall  be  an  immigrant. 

Art.  8.  Every  immigrant  shall  enjoy,  upon  his  arrival  in  the  Oriental  terri- 
tory, the  following  favors : 

(1)  Introduction,  free  from  all  duties  or  charges,  of  his  wearing  apparel, 
clothing,  household  furniture,  agricultural  instruments,  and  tools  or  implements 
of  his  trade. 

(2)  Free  landing,  both  of  himself  and  of  his  whole  baggage. 

(3)  Gratuitous  efforts  to  find  for  him  lucrative  employment  in  the  occupa- 
tion or  trade  of  his  preference. 

Immigrants  whose  fares  have  been  paid  in  advance  shall  be  entitled  also  to 
the  following  additional  favors : 

(a)  Free  lodging  and  board  during  the  eight  days  subsequent  to  their  landing. 


144       LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

(b)  Free  transportation,  both  of  themselves  and  their  whole  baggage,  to  the 
place  in  the  national  territory  where  they  wish  to  settle. 

The  two  favors  last  mentioned  may  also  be  extended  by  the  Executive  to  all 
other  immigrants  whenever  deemed  advisable. 

Art.  9.  All  the  privileges  and  favors  of  the  preceding  article  shall  be  under- 
stood to  be  granted,  as  far  as  practicable,  to  every  member  of  the  immigrant's 
family. 

Art.  10.  The  immigrant  shall  prove  his  good  moral  character  and  his  ability 
to  work,  by  means  of  a  certificate  of  the  Uruguayan  consul  at  the  port  of  em- 
barkation, which  shall  be  issued  free  of  cost,  or  of  some  authority  of  his 
domicil,  duly  authenticated  by  the  consul.  The  consular  authentication  shall 
be  gratuitous. 

Art.  11.  Immigrants  who  may  be  unwilling  to  accept  the  favors  of  article  8, 
and  wish  to  waive  them,  shall  either  give  notice  of  their  decision  to  the  captain 
or  master  of  the  vessel  on  which  they  come,  in  order  that  he  may  make  the 
proper  record  thereof  c^n  the  books  of  his  vessel,  or  make  a  statement  to  the 
same  effect  before  the  authorities  of  the  port  at  the  time  of  their  landing  there. 
In  either  case  they  shall  be  deemed  to  be  mere  travelers. 

This  provision  thall  not  be  applicable  to  those  immigrants  who  may  come 
with  their  fares  paid  in  advance,  as  provided  for  in  the  following  chapter. 

Chapter  III. — Of  the  payment  in  advance  of  the  immigrant' s  fares. 

Art.  12.  Congress  in  passing  the  appropriation  bills  shall  make  the  proper 
provision  to  pay  annually  a  certain  number  of  third  class  fares  for  immigrants 
who  may  come  to  settle  in  the  Republic. 

Art.  13.  The  refunding  of  the  sums  of  money  advanced  for  these  fares  shall 
be  made  within  two  years  and  a  half,  to  be  counted  from  the  immigrant's 
arrival,  by  semiannual  installments  of  20  per  cent  each,  with  interest  at  6  per 
cent  per  annum. 

Art.  14.  Every  colonization  company,  every  person  domiciled  in  the  country, 
of  well-known  industry  and  enterprise,  has  the  right  to  apply  to  the  Commis- 
sioner (Director)  of  Immigration  and  Agriculture,  and  ask  (the  form  of  the 
petition  shall  be  gratuitously  furnished)  for  the  payment  in  advance  of  third- 
class  fares  to  Uruguay  for  such  person  or  persons  as  shall  be  named,  having 
the  proper  qualification  under  article  25.  Upon  proper  investigation  of  the 
subject  the  Commissioner  shall  grant  or  refuse  the  application. 

Art.  15.  If  the  application  is  granted,  the  Commissioner  shall  either  give  to 
the  applicant  the  tickets  entitling'  the  immigrant  to  a  third  class  passage,  which 


URUGUAY.  1^5 

shall  be  issued  in  favor  of  th*e  emigrants  themselves,  as  named  by  the  applicant, 
or  forward  them  to  the  emigrants  themselves,  through  the  respective  agent  of 
immigration  and  propaganda,  if  so  desired  by  the  applicant. 

In  the  former  case  the  applicant  shall  file,  before  receiving  the  tickets,  a  prom- 
issory note,  binding  himself  to  pay  their  value  on  the  terms  established  by 
article  13,  but  the  date  of  the  note  shall  be  left  in  blank.  In  the  latter  case 
the  tickets  shall  not  be  forwarded  to  the  immigration  agent  until  after  the  Com- 
missioner receives  the  promissory  note  above  mentioned. 

Art.  16.  The  tickets  shall  set  forth  plainly  that  they  are  good  for  only  six 
months  from  date.  At  the  expiration  of  seven  months,  subsequent  to  the  date 
of  a  ticket,  without  said  ticket  having  been  presented  at  Montevideo,  the  appli- 
cant shall  be  entitled  to  withdraw  his  note. 

Art.  17.  Upon  the  arrival  of  the  vessel  which  brings  the  immigrants  the 
tickets  shall  be  presented  to  the  landing  inspector,  who  shall  cancel  them  by 
means  of  a  stamp,  reading  "cumplido"  (used  or  canceled).  Upon  proof  of  the 
actual  presence  of  the  immigrant  on  board  the  vessel,  the  navigation  company, 
owner,  or  consignee  of  the  vessel,  shall  exchange  the  ticket  for  a  check  of  the 
Commissioner  of  Immigration  and  Agriculture,  payable  on  demand  by  the 
National  Bank  for  the  amount  of  the  fare. 

Art.  18.  Every  immigrant  whose  passage  has  been  paid  in  this  way  shall  be 
bound  to  sign  his  name  to  the  promissory  note  above  referred  to,  and  to  respond 
jointly  and  severally  with  the  applicant  who  had  signed  it  before,  for  its  whole 
amount.  Then  the  said  note,  after  the  blank  left  on  it  for  the  date  is  properly 
filled,  shall  be  endorsed  by  the  Commissioner  of  Immigration  and  Agriculture 
in  favor  of  the  National  Bank  and  delivered  to  it  to  meet  or  make  good  the 
payment  of  the  check  drawn  on  the  bank  for  the  amount  of  the  fare. 

Art.  19.  If  it  should  happen,  through  some  extraordinary  circumstance,  that 
the  immigrant  who  used  the  ticket,  as  aforesaid,  fails  to  sign  the  note,  the  provi- 
sions of  the  preceding  article  shall  nevertheless  be  carried  into  effect,  without 
prejudice  of  whatever  action  may  be  in  order  against  the  immigrant. 

Art.  20.  If  the  notes  in  the  possession  of  the  bank  are  not  paid  at  maturity, 
either  by  the  applicant  for  the  ticket  or  by  the  immigrant,  the  National  Bank 
shall  charge  their  full  amount  to  the  Government;  but  the  right  of  the  Com- 
missioner of  Immigration  and  Agriculture  to  proceed  against  the  direct  debtors 
is  reserved. 

Art.  21.   No  fees  or  expenses  of  any  kind  shall   be  incurred   in    the  proceed- 
ings or  steps   to  be   taken   to   secure   the   payment   of  immigrants'  fares  in   the 
manner  above  explained.      No  stamped  paper  shall   be  required  in  any  stage  of 
the  proceedings,  nor  shall  any  stamp  be  attached  to  the  notes. 
Bull.  53 10 


146        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Art.  22.  When  the  applicant  for  passage  tickets  is  a  colonization  company, 
the  Executive  shall  have  the  power  to  exempt  it  from  giving  the  names  of  the 
immigrants  and  from  all  the  other  obligations  to  which  articles  15  and  18  of 
the  present  law  refer.  In  that  case  the  notes  shall  be  signed  only  by  the  coloni- 
zation company. 

Art.  23.  The  Executive  is  hereby  authorized  to  make  every  year  such  arrange- 
ments with  the  National  Bank  and  the  navigation  companies  as  may  be  proper 
to  faithfully  carry  into  effect  the  provisions  of  the  present  chapter,  up  to  the 
limit  marked  by  article  1  2. 

Chapter  IV. — Of  the  vessels  evf^aged  in  the  transportation  of  immigrants  and 
the  visit  of  the  immigration  inspector. 

Art.  24.  Vessels  engaged  in  the  transportation  of  immigrants  shall  enjoy  in 
the  ports  of  the  Oriental  Republic  all  the  privileges  and  favors  already  granted  to 
ocean  steamers  by  the  present  and  future  laws  and  regulations. 

Art.  25.  In  compensation  for  the  privileges  and  favors  of  the  preceding  article, 
said  vessels  shall  give  the  immigrants  coming  to  the  Oriental  Republic  the  same 
advantages  as  far  as  healthful  lodging,  boarding,  and  treatment  are  concerned, 
as  are  given  by  them  to  immigrants  going  to  any  port  on  the  River  Plata. 

Art.  26.  The  violation  of  the  preceding  article  shall  entail  the  forfeiture  of 
all  the  privileges  and  favors  granted  to  the  vessel  which  may  be  guilty  of  it. 

Art.  27.  The  captains  or  masters  of  vessels  engaged  in  the  transportation  of 
immigrants  shall  not  admit  on  board  to  come  to  the  Oriental  Republic,  or  as 
passengers  of  2nd.  and  3d  classes,  the  following  persons : 

(1)  Persons  afflicted  with  contagious  diseases. 

(2)  Paupers. 

(3)  Persons  who,  through  organic  or  physical  inability,  are  absolutely  incapable 
of  working. 

(4)  Persons  over  60  years  of  age.  •• 

But  the  prohibitions  of  numbers  3  and  4  of  this  article  are  not  applicable  to 
persons  who,  although  afflicted  or  aged  as  therein  expressed,  form  part  of  a 
family  of  at  least  four  able-bodied  persons. 

Art.  28.  Asiatic  and  African  immigration  are  forbidden  in  the  Republic;  as 
well  as  that  of  gypsies,  also  called  Zingaros  or  Bohemians. 

Art.  29.  The  violation  of  either  of  the  two  preceding  articles  shall  be  pun- 
ished with  a  fine  of  one  hundred  dollars  for  each  individual  of  that  class  admitted 
on  board,  and  the  captain  or  master  of  the  vessel  shall  be  bound,  moreover,  to 
take  them  back  immediately  to  the  place  whence  they  came. 


URUGUAY.  t47 

Art.  30.  The  captains  and  masters  of  vessels  engaged  in  the  transportation 
of  immigrants,  and,  in  general,  all  ocean  vessels,  shall  be  bound  to  have  a  framed 
copy  of  the  present  law,  translated  into  several  languages,  conspicuously  placed 
at  some  convenient  part  of  the  vessel.  The  Commissioner  of  Immigration  and 
Agriculture  shall  furnish  said  copies  through  the  naval  authorities. 

The  failure  on  the  part  of  the  captains  or  masters  to  do  as  directed  in  the 
above  paragraph  shall  cause  the  privileges  and  favors  granted  the  vessel  to  be 
forfeited,  as  in  the  case  of  Article  26. 

Art,  31.  Every  ocean  vessel  carrying  immigrants  to  a  port  of  the  Republic 
shall  announce  it  upon  its  arrival  by  hoisting  a  special  flag.  In  that  case,  an 
officer  of  the  Department  of  Immigration  and  Agriculture  shall  accompany  the 
custom-house  and  the  health  officers,  and  shall  make  the  "immigration  visit." 

Art.  32.  The  Comrnissioner  of  Immigration  and  Agriculture  shall  make,  with 
the  approval  of  the  Executive,  especial  rules  for  the  immigration  visit,  upon  the 
following  bases,  to  wit : 

(1)  As  long  as  the  visit  lasts  no  other  vessel  of  any  kind  engaged  in  trade  in 
the  port  shall  be  allowed  to  communicate  with  the  newly  arrived  steamer  or 
sailing  vessel. 

(2)  The  landing  inspector  shall  demand  from  the  captain  or  master  of  the 
vessel  a  general  list  of  the  immigrants  on  board  coming  to  settle  in  the  national 
territory ;  and  in  said  list  the  name,  sex,  age,  condition  of  life,  occupation,  na- 
tionality, and  religion  of  each  immigrant  shall  be  specified.  The  list  shall  also 
set  forth  the  place  of  embarkation,  and  whether  the  immigrant  knows  how  to 
read  and  write. 

The  inspector  shall  demand,  furthermore,  another  list  specially  relating  to 
the  immigrants  whose  passage  was  paid  in  advance  by  the  Government. 

He  shall  receive  also  the  tickets  of  the  last-named  immigrants,  which  he  shall 
stamp  "used"  or  "cancelled  "  {cumplido)  as  directed,  and  shall  immediately 
return  them  to  the  captain  or  master  of  the  vessel,  if  no  suspicion  arises  as  to 
the  condition  and  antecedents  of  the  immigrants  to  whom  the  tickets  refer. 

(3)  The  landing  inspector  shall  make  such  an  investigation  as  he  may  deem 
proper  to  ascertain  that  the  provisions  of  articles  25  and  30  of  the  present 
law  have  been  duly  complied  with  during  the  voyage,  and  he  shall  also 'have  au- 
thority to  personally  examine  the  immigrants  and  see  in  this  way  that  articles 
27  and  28  are  carried  into  effect. 

He  shall  have  authority  to  order  every  immigrant  carried  in  that  vessel  in 
violation  of  the  present  law  to  be  retained  on  board. 

(4)  A  minute  record  of  these  inquiries  and  investigations  shall  be  made  and 
entered  on  a  book,  which  shall  be  called  "  Of  Visits  of  Inspection"  [Libro  de 


148       LAWS    RELATING   TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Visitas  de  Jnspeccion);  and  the  said  record  shall  be  signed  by  the  landing  in- 
spector, the  naval  officer,  the  health  officer,  and  the  captain  or  master  of  the 
vessel. 

(5)  The  clerks  and  employees  of  the  naval  office  of  the  port  shall  obey  the 
orders  of  the  landing  inspector  in  everything  which  may  concern  the  visit  of 
inspection. 

(6)  If  it  should  appear  from  the  visit  that  the  captain  or  master  of  the  vessel 
is  guilty  of  some  violation  of  the  law,  the  Commissioner  of  Immigration  and 
Agriculture  shall  impose  upon  him  the  fines  provided  by  article  29 ;  but  in  that 
case  the  captain  shall  have  the  right  to  appeal  to  the  Executive,  if  he  so  wish, 
after  having  tendered  the  amount  in  full  of  the  fine. 

In  the  cases  of  articles  26  and  30  the  Commissioner  shall  report  to  the  Exec- 
utive and  recommend  the  imposition  of  the  fine,  and  no  remedy  shall  be  given 
against  the  decision. 

(7)  The  special  rules  and  regulations  shall  establish  fines,  ranging  from  five  to 
one  hundred  dollars,  to  punish  violations  of  their  provisions;  and  they  shall 
furthermore  provide  for  the  proper  method  of  collecting  and  disposing  of  the 
money  derived  from  this  source. 

(8)  The  special  rules  and  regulations  shall  provide  the  necessary  measures  to 
prevent  the  service,  for  the  organization  of  which  they  are  intended,  from  inter- 
fering with  the  rapidity  of  movement  of  the  ocean  vessels  stopping  at  Montevideo. 

Chapter  V. — On  the  landing,  lodging,  and  hoarding  of  the  immigrants. 

Art.  33.  The  landing  inspector  shall  personally  attend  to  the  official  and 
gratuitous  landing  of  the  immigrants  who  have  not  waived  the  benefits  of  the 
present  law,  and  s-hall  be  careful  to  see  that  all  is  done^  both  in  regard  to  per- 
sons and  baggage,  comfortably  and  in  proper  order. 

Art.  34.  The  landing  inspector  shall  accompany  the  immigrants  to  the 
Immigrants*  Hotel,  and  see  that  they  are  given  the  proper  accommodations  and 
put  in  possession  of  their  respective  baggage,  and  he  shall  take  particular  care  to 
prevent  any  one  from  getting  from  the  immigrants  any  monev  or  remuneration 
whatever  for  services  rendered  to  them. 

Art.  35.  The  violation  of  the  preceding  article  shall  be  punished  by  the 
landing  inspector  with  a  fine  not  less  than  five  nor  more  than  fifty  dollars,  to  be 
fixed  according  to  the  gravity  of  the  case. 

Art.  36.  In  case  of  serious  sickness,  contracted  by  the  immigrant  during  the 
voyage,  or  at  the  Immigrants'  Hotel,  the  expenses  to  be  incurred  in  his  lodging, 
support,  and  attendance  at  the  proper  establishment  shall  always  be  paid  by  the 
Government,  even  if  the  limit  of  time  marked  elsewhere  in  this  law  happens  to 
be  exceeded. 


URUGUAY.  149 

Chapter  VI. — Of  the  Agency  for  securing  work  and  employment  to  the  immi- 
grants and  conveying  them  to  their  destination. 

Art.  37.   The  Commissioner  of  Immigration  and  Agriculture  shall    act  as 
agent  of  employment  for  providing  the  national  industry  with  laborers. 
Art.  38.   It  shall  be  the  duty  of  the  Commissioner  in  this  capacity — 

( 1 )  To  enter  in  the  proper  way  all  applications  made  to  him  for  workingmen, 
farm  hands,  and  laborers, 

(2)  To  respond  to  these  applications  by  endeavoring  to  employ  the  immi- 
grants who  may  be  capable  of  performing  the  desired  work,  if  advantageous  to 
them. 

(3)  To  intervene,  if  so  desired  by  the  immigrants,  in  the  contracts  into  which 
they  may  enter,  and  see  that  they  are  fulfilled  on  the  part  of  the  employers. 

(4)  To  keep  a  special  registry  of  the  employment  given  by  him,  in  which 
the  date  of  employment,  the  class  of  work,  the  terms  and  conditions  of  the  con- 
tract, and  the  names  of  all  persons  concerned  shall  be  particularly  set  forth. 

Art.  39.  The  commissioner  of  immigration  and  agriculture  shall  not  under  any 
circumstances  charge  any  fee,  or  commission,  or  pay  for  his  services,  either  to 
the  immigrants  or  their  employers. 

Art.  40.  If,  in  order  to  give  employment  to  some  immigrant,  it  become 
necessary  to  carry  him  from  Montevideo  to  some  other  place  in  the  Republic, 
his  transportation  shall  be  made  at  the  expense  of  the  State;  and  due  notice  or 
this  circumstance  shall  be  entered  on  the  registry. 

In  order  to  give  this  service  the  proper  organization,  the  commissioner  of 
immigration  and  agriculture  shall  make  the  necessary  arrangements  with  the 
company  of  transportation  by  land  and  by  river;  but  the  contracts  thus  made 
and  entered  into  shall  last  for  only  two  years,  and  shall  not  be  valid  and  perfect 
until  after  approved  by  the  Executive. 

Chapter  VII. — General  provisions. 

Art.  41.  The  ExeciJtive  shall  cause  the  present  law  to  be  translated  into 
,  French,  Italian,  English,  and  German,  and  shall  have  it  printed  in  Spanish  and 
in  all  the  languages  just  mentioned,  in  such  a  shape  as  to  allow  the  whole  text 
to  be  framed  and  hung  upon  the  walls  in  conspicuous  places  on  board  the  ves- 
sels and  at  the  railroad  stations,  and  at  the  agencies  of  information  and  propa- 
ganda. Particular  care  shall  be  taken  that  this  printed  law  be  given  the  largest 
possible  circulation  at  home  and  abroad. 

Art.  42.  The  Executive,  in  making  the  proper  rules  for  carrying  into  effect 
the  provisions  of  the  present  law,  shall  fix  the  day  on  which  articles  10,  26,  29, 
50,  and  3 1  will  begin  to  be  in  operation. 


150       LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Art.  43,  From  the  date  of  the  promulgation  of  this  law,  the  office  of  the 
Commissioner  of  Immigration  and  Agriculture,  and  everything  else  relating  to 
both  branches  and  to  colonization  shall  be  connected  with  tljie  Department  of 
the  Interior. 

Art.  44.  The  Executive  shall  send  to  Congress  an  annual  message  specially 
relating  to  the  results  obtained  in  pui:suance  of  the  present  law. 

Mr.  Frank  D.  Hill,  consul  of  the  United  States  at  Monte- 
video, in  a  report  to  the  State  Department  of  the  United  States, 
sent  by  him  on  the  1st  of  August,  1891,  says  that  in  Uruguay 
there  are  no  public  lands  except  such  remnants,  "sobras  de 
campo,"  as  may  be  left  when  an  accurate  survey  shall  be  made, 
and  that  there  are  no  preemption  nor  homestead  laws,  as  under- 
stood in  the  United  States.  He  says,  also,  that  there  has  never 
been  any  limit  to  the  amount  of  land  that  might  be  secured  by 
lease,  colonization,  or  purchase,  nor  has  any  distinction  been  made 
between  citizens  and  aliens.  All  public  lands  have  been  open  to 
denouncement,  at  prices  named  by  the  Government,  and  under 
conditions  not  at  all  burdensome,  fixed  by  the  authorities. 

The  Uruguayan  law  of  colonization  is  set  forth  at  length  in 
a  work  on  South  American  emigration,  by  Guiliano  Cormiani : 

Article  1.  The  Executive  shall  have  authority  to  promote  agriculture,  either 
by  promoting,  aiding,  or  establishing  colonization  companies,  or  by  granting 
favors  to  private  individuals  who  shall  engage  in  the  same  business.  In  the 
latter  case,  whatever  sums  of  money  may  be  disbursed  shall  be  returned  in  due 
time  to  the  Treasury. 

Art.  2.   The  colonies  which  the  Executive  shall  either  establish  or  assist  in 
their  establishing,  shall  be  located  in  the  neighborhood  of  the  rivers  or  railroads 
of  the  country  most  frequented  by  travelers,  and  in  places  where  the  land  is 
good  and  affords  favorable  opportunities  for  cultivation  ;  for  which  purpose  they   ' 
must  have  been  previously  examined  by  agronomical  experts. 

Art.  3.  The  colonies  above  mentioned  shall  be  founded  either  on  lands 
purchased  on  favorable  terms  by  the  Government,  or  on  land  considered  to  be 
public,  or  in  any  place  which  be  disposed  of  for  that  purpose  under  a  strict 
enforcement  of  Article  803  of  the  Rural  Code.  In  all  cases,  before  the  colony 
is  established,  and  before  the  land  is  divided  into  farms,  all  the  formalities  of  the 
law  on  condemnation  of  private  property  for  public  use  shall  be  exactly  fulfilled. 


URUGUAY.  151 

in  order  to  close  the  door  to  any  future  claims.  The  said  formalities,  which 
are  enumerated  in  Article  446  of  the  Civil  Code,  shall  protect  the  colonist, 
owner  of  the  soil,  against  any  possible  attempt  at  eviction  on  the  part  of  any 
person  who  may  claim  to  have  a  better  title  acquired  previous  to  the  condemna- 
tion, but  will  not  prevent  the  exercise  of  any  right  of  private  ownership  on  the 
same  land  subsequent  to  their  date. 

Art.  4.  As  soon  as  the  formalities  are  fulfilled  an  official  survey  of  the  lands 
shall  be  made,  and  then  the  same  lands  shall  be  divided  into  farms  (chacras), 
taking  as  a  basis  for  that  division  the  zone  of  territory  bathed  by  the  waters. 

After  the  division  of  the  lands  into  farms  has  been  approved  by  the  Commis- 
sion of  Public  Works,  the  limits  of  each  farm  shall  be  exactly  fixed  by  means 
of  monuments  or  indestructible  marks  placed  at  important  points. 

Art.  5.  It  shall  be  the  duty  of  the  director  of  the  colonies  favored  by  the 
present  law  to  give  preference  for  colonizing  purposes  to  those  colonist  families 
in  the  Republic,  which,  owing  to'lack  of  means  or  to  inability  to  obtain  employ- 
ment in  the  agricultural  districts,  may  be  without  work. 

Art.  6.  Upon  the  lapse  of  the  proper  time,  and  after  the  conditions  as  to 
price  and  manner  of  payment  by  installments  have  been  duly  fixed  by  the  director 
of  the  colonies  with  the  advice  and  consent  of  the  Executive,  full  ownership  in 
fee  simple  shall  be  given  to  the  colonists  of  the  farms  on  which  they  have  settled, 
and  in  the  cultivation  of  which  they  have  personally  engaged  under  the  com- 
petent direction;  and  the  proper  patent  or  title,  which  at  any  time  shall  be 
perfect  evidence  of  said  ownership,  shall  be  given  to  them. 

Art.  7.  Such  lands  as  may  have  been  abandoned  by  the  colonists  without 
the  provisions  of  the  preceding  article  having  been  fulfilled  shall  be  given  to  the 
other  colonists,  and  no  claim  of  the  original  occupant  shall  ever  be  heard  in  this 
respect.  If  the  colonist,  after  having  fulfilled  the  provisions  of  article  6,  aban- 
dons the  farms,  takes  away  the  improvements,  and  leaves  the  land  in  the  condi- 
tion in  which  it  was  originally  of  pasture  grounds,  the  said  land  shall  be  liable, 
for  the  purposes  of  the  present  law,  to  be  sold  to  other  parties  under  proceedings 
of  condemnation. 

Art.  8.  The  local  authorities  shall  cause  the  proper  orders  to  be  issued  and 
published,  calling  all  the  holders  and  possessors  of  lands  of  their  respective 
districts  to  present  their  titles  of  ownership  and  possession,  so  as  to  insure  that 
every  piece  of  property,  whether  large  or  small,  be  properly  returned  to  the 
nation,  if  it  appear  that  its  owner  or  possessor  has  not  complied  with  the  con- 
ditions or  fulfilled  the  requisites  of  the  concession. 

Art.  9.  Whenever  an  aggregate  of  twenty  families  shall  appear  in  a  pastoral 
district  and  make  application  for  lands  to  be  cultivated  by  them,  the  Executive, 


152        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

or  the  local  boards,  with  the  permission  of  the  Executive,  shall  have  the  power 
to  purchase,  under  the  provisions  of  article  2,  such  tracts  of  land  as  may  be 
needed,  if  it  happen  that  the  nation  has  none  available  for  that  purpose  belong- 
ing to  it. 

If  the  families  which  make  the  application  are  more  than  one  hundred  in 
number,  and  no  lands  can  be  purchased  on  the  conditions  of  the  preceding 
paragraph,  the  authorities  shall  then  resort  to  proceedings  of  condemnation  of 
private  property  for  public  use,  and  in  this  way  obtain,  under  proper  form  of 
law,  all  the  land  necessary  for  the  establishment  of  the  colony. 

Art.  10.  In  order  to  enable  the  Executive  to  carry  into  due  effect  the  provi- 
sions of  the  present  law,  authority  is  hereby  given  to  it  to  dispose  of  any  sum 
of  money,  not  exceeding  $200,000,  to  be  paid  out  of  the  patent  receipts,  as  pro- 
vided by  article  29  of  the  patent  law. 

Art.  11.  The  Executive  shall  make  such  rules  and  regulations  as  mav  be 
proper  for  the  execution  of  the  present  law,  and  whenever  required  shall  also 
report  and  suggest  any  proper  modification  or  amendment. 

Art.  12.   The  present  law  shall  be  published,  promulgated,  etc.,  etc. 

Subsequent  to  the  law  just  quoted,  the  President  of  the  Repub- 
lic issued  a  decree,  dated  June  30,  1881,  providing — 

Article  1.   The  commission  of  immigration  and  agriculture  is  hereby  author-  • 
ized  to  take  every  year  out  of  the  patent   funds  the  sum  of  $200,000,  which  it 
shall  deposit  in  a  bank  of  this  capital   (Montevideo)  to  be  used  as  provided  in 
this  decree. 

Art.  2.  The  same  commission  is  hereby  authorized  further  to  promote  the 
establishment  of  colonies,  whether  national,  foreign,  or  mixed,  and  also  to  aid 
any  private  enterprise  tending  to  the  same  purpose;  but  it  shall  be  the  duty  of 
the  said  commission  to  report  in  each  case  to  the  Department  of  the  Interior 
the  action  which  it  proposes  to  take  and  the  results  obtained. 

Art.  3.  The  land  set  apart  for  the  establishment  of  these  colonies  shall  be 
surveyed  and  divided  into  as  many  farms  as  there  are  families  to  be  located  on 
them;  but  in  each  colony  sufficient  space  shall  be  left  for  a  town,  and  also 
for  common  pasture  grounds. 

Art.  4.  For  the  purposes  of  the  preceding  article,  the  commission  of  immi- 
gration and  agriculture  shall  have  authority  to  ask  the  Director  of  Public  Works 
to  cause  the  survey  and  division  to  be  made  through  his  office,  and  that  the  roads 
and  streets,  as  well  as  the  farms  themselves,  be  properly  marked  on  the  ground 
by  his  clerks  and  employes,  and  that  a  map  in  duplicate  of  the  whole  colony  be 
prepared  and  delivered  by  him  to  the  commission.      One  copy  of  this  map  shall 


URUGUAY.  1 53 

be  sent  to  the  Department  of  the  Interior,  and  the  other  to  be  preserved  at  the 
office  of  the  Commissioner  of  Immigration  and  Agriculture. 

Art.  5.  The  Commissioner  shall  designate,  beforehand,  the  tract  of  ground, 
whether  it  belong  to  the  nation  or  be  private  property,  which  he  may  deem  to 
be  best  or  most  desirable  to  its  purposes,  so  as  to  enable  the  Government  to 
take  action  on  the  subject  as  promptly  as  may  be  proper. 

Art.  6.  In  no  case  shall  the  colonies  be  given  possession  of  a  farm  without 
first  signing  a  legal  contract,  under  which  everything  will  be  forfeited  if  the 
conditions  therein  stipulated  be  not  duly  complied  with. 

Art.  7.  Under  -  no  circumstances  shall  any  farm  be  gratuitously  given. 
Colonists  shall  have  to  pay  in  all  cases  the  price  assigned  to  their  farms;  but  the 
price  shall  always  be  very  moderate  and  payable  on  easy  terms. 

Art.  8.  As  soon  as  everything  provided  in  article  6  is  properly  done  and  com- 
plied with,  the  provisional  contracts  shall  be  canceled  and  a  final  title,  or  patent 
of  ownership,  shall  be  given  the  colonist. 

Art.  9.  Every  one  who,  either  in  his  own  name  or  in  the  name  of  a  company, 
may  be  willing  to  establish  a  fqreign  or  mixed  colony  on  public  lands  shall  file 
his  application  to  that  effect  before  the  Bureau  of  Immigration  and  Agriculture, 
and  set  forth  clearly  the  locality  in  which  he  wishes  the  colony  to  be  established. 
This  application  must  be  accompanied  with  a  map  of  the  same  locality,  and  with 
the  proper  explanation  of  the  contracts  entered  into  by  him  with  the  colonists, 
of  the  amount  of  money  intended  to  be  given  them  in  advance,  of  the  occupation 
or  employment  which  is  to  be  given  to  them,  and  finally  of  the  rules  and  regula- 
tions under  which  the  internal  affairs  of  the  colony  are  to  be  conducted. 

Art.  10.  The  concessions  shall  always  be  made  in  favor  of  either  the  coloni- 
zation company  or  of  the  individual  party  undertaking  this  business,  whose 
proposals  prove  most  advantageous  and  which  offer  the  best  securities  for  the 
faithful  fulfillment  of  the  stipulated  terms  and  conditions. 

Art.  11.  The  contracts  shall  be  canceled  and  forfeited  in  every  respect,  if 
at  the  end  of  one  year  (which  may  be  extended  in  case  of  ocurrence  of  some 
fortuitous  accident)  the  contractors  have  not  commenced  the  establishment  of 
the  colony,  by  showing  that  at  least  either  ten  or  twenty  families  of  colonists, 
according  to  the  importance  of  the  concession,  are  settled  on  the  lands. 

Art.  12.  When  under  the  provisions  of  the  preceding  article  the  contract  is 
forfeited  and  canceled,  the  lands,  together  with  the  building  thereon  and 
improvements,  shall  revert  to  the  Government  and  become  State  property ;  but 
the  rights  and  contracts  of  the  colonists  who  may  have  settled  on  said  lands  or 
any  part  thereof  shall  be  respected.  New  bids  shall  be  asked  to  cohtinuc  the 
work  of  colonization. 


154        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Art.  13.  Foreign  colonists  will  be  allowed  to  introduce  absolutely  free  from 
all  duties  and  charges  in  all  parts  of  the  Republic  their  own  seed,  instruments, 
agricultural  machinery,  and  all  other. 

Art.  14.  After  all  the  conditions  of  article  8  of  the  law  of  colonization 
have  been  fulfilled,  concessions  can  be  made  gratuitously  of  certain  farms  in  the 
immediate  vicinity  of  the  town,  on  condition  that  they  shall  be  put  under  culti- 
vation within  four  years.  These  concessions  may  be  made  to  any  colonist  fam- 
ily applying  therefor,  but  national  families  shall  be  given  preference.  A  certifi- 
cate of  possession  shall  be  given  provisionally  to  those  who  obtain  the  con- 
cession. 

Art.  15.  When  the  colonist  can  show  that  land  granted  has  been  settled, 
that  the  land  has  been  put  under  cultivation  within  the  four  years  above  men- 
tioned, that  the  farm  has  a  home  for  each  family,  is  fenced  or  surrounded  by  a 
ditch,  has  at  least  one  hundred  fruit  trees,  and  that  the  area  under  cultivation 
covers  at  least  two-thirds  of  the  ground,  then  and  in  that  case  the  certificate 
of  possession  shall  be  withdrawn  and  a  final  deed  of  sale,  formally  executed  be- 
fore a  notary  public  and  duly  registered,  shall  be  given  him. 

Art.  16.  In  order  to  further  promote  the  interests  of  agriculture  all  the  lands 
belonging  to  the  nation,  which  may  be  found  in  pastoral  districts,  shall  be 
granted  by  the  respective  commissions,  on  the  terms  established  by  articles  4,  6, 
and  7,  if  there  are  twenty  families  applying  for  their  concession,  and  the  said 
families  set  forth  their  desire  to  settle  on  them  and  engage  in  their  cultiva- 
tion. 

If  the  number  of  families  making  the  application  exceed  one  hundred  and 
no  Government  lands  can  be  found,  the  case  shall  be  referred  to  the  Gov- 
ernment for  the  proper  decision. 

Art.  1 7.  The  owners  of  agricultural  or  pastoral  lands,  in  whatever  part  of 
the  Republic,  who  may  be  willing  to  establish  within  the  limits  of  their  property 
either  an  agricultural  colony  or  a  colony  devoted  both  to  agriculture  and  cattle- 
raising,  and  for  that  purpose  take  advantage  of  the  provisions  of  the  present 
law,  shall  submit  their  propositions  to  the  approval  of  the  Government  through 
Commissioner  of  Immigration  and  Agriculture. 

Art.  18.  In  order  to  facilitate  the  transaction,  the  said  propositions  shall 
be  accompanied  by  the  deeds  or  titles  of  ownership  of  the  lands,  and  by  a 
map  or  plan  of  the  same,  already  divided  into  farms  of  from  80  to  100  hectares 
if  they  are  to  be  devoted  both  to  agriculture  and  cattle-raising,  or  of  30  hec- 
tares if  they  are  to  be  devoted  purely  and  exclusively  to  agriculture.  The 
Commissioner  of  Immigration  and  Agriculture  shall  transmit  these  documents 
to  the  Director-General  of  Public  Works  for  examination  and  approval. 


URUGUAY.  155 

Art.  19.  Preference  shall  be  given  to  the  consideration  of  those  propositions 
which,  combining  private  interests  with  the  public  good,  confine  themselves,  in 
their  petitions  for  favors,  to  asking  for  some  temporary  exemption  of  taxes  or 
charges,  or  for  the  usufruct  of  some  Government  property  now  productive  to 
the  National  Treasury, 

Art.  20.  Persons  to  whom  a  concession  has  been  granted  for  the  establish- 
ment of  any  of  these  colonies  shall  be  bound  to  make  to  the  commission,  annu- 
ally, and  whenever  the  commission  may  ask  for  it,  a  full  report  of  the  operations 
of  the  colony,  under  the  instructions  given  them  when  the  concession  was  made. 

Art.  21.  Every  colony,  whether  official  or  private,  must  have  a  Director  or 
Intendant,  whose  duty  it  shall  be  to  care  for  the  proper  settlement  of  the  fami- 
lies, the  protection  of  their  rights,  and  the  preservation  of  peace. 

Art.  22.  The  commission  shall  have  authority  to  propose  to  the  Government, 
whenever  it  may  deem  it  advisable,  the  changes  or  amendments  which,  in  its 
judgment,  should  be  made  to  these  rules. 

Art.  23.   The  present  rules  shall  be  published,  promulgated,  etc.,  etc. 

Up  to  the  date  when  Mr.  Corniani's  book  was  pubHshed,  neither 
the  law  nor  the  rules  for  the  execution  thereof,  which  have  just 
been  given  in  full,  had  worked  as  successfully  as  had  been  antici- 
pated. The  bulk  of  the  immigration  turned  always,,  for  various 
reasons  and  until  very  recently,  toward  the  Argentine  Republic; 
and  even  in  1890  the  condition  of  things  in  this  respect  could  not 
be  described  in  better  terms  than  those  of  the  report  of  Mr.  Frank 
D.Hill,  United  States  consul  at  Montevideo,  the  portion  of  which 
relating  to  the  agricultural  colonies,  reads  as  follows : 

AGRICULTURAL  COCONIES. 

A  word  in  regard  to  the  various  agricultural  colonies.  Of  these,  the  most 
important. are  the  Vaudois  and  Swiss. 

In  1856  some  Vaudois  families,  banished  in  consequence  of  their  heresy,  re- 
solved to  emigrate,  and  proceeded  to  Montevideo.  They  first  established  them- 
selves in  the  Department  of  Florida. 

An  association,  the  members  of  which  were  almost  all  of  them  natives  of 
Uruguay,  formed  themselves  into  a  society  to  protect  these  families.  Four 
leagues  of  land  were  purchased  in  the  Department  of  Colonia,  which  were 
divided  in-to  small  farms  of  about  70  acres  each,  and  most  of  the  Vaudois  fami- 


\^(j        LAWS    RKLATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

lies  removed  to  this  colony.  Being  well  received  by  their  neighbors  and  espec- 
ially by  the  inhabitants  of  the  little  town  of  Rosarios,  the  new  colonists  soon 
commenced  to  flourish.  In  i860  there  were  only  seven  farms  unlet  of  the 
eighty  which  were  marked  out,  and  the  colony  consisted  of  55  families.  After 
various  changes,  which  it  is  needless  to  mention,  the  colony  now  forms  an 
agricultural  center,  with  an  area  of  nearly  20,000  acres,  containing  1,860 
inhabitants.  Eight  schools  are  established  in  the  colony,  and  Protestant  wor- 
ship is  celebrated  in  French  and  Spanish. 

The  Swiss  colony  was  founded  in  1861  in  the  Department  of  Colonia.  Since 
1878  it  forms  a  district  or  section,  in  which  is  comprised  the  Quevedo  and 
Spanish  colonies.  The  Swiss  colony  comprises  an  area  of  nearly  15,000  acres, 
the  Quevedo  about  8,000  acres,  and  the  Spanish  over  16,000  acres.  On  this 
teiritory  there  are  living  420  families  of  various  nationalities,  numbering  2,380 
persons.  The  Paullier  Brothers'  colony,  which  is  situated  about  two  hours' 
drive  from  the  town  of  San  Jose,  which  is  connected  with  the  metropolis  by  a 
line  of  railway,  has  a  total  area  of  over  10,000  acres.  The  greater  part  of  this 
reservation  consists  of  land  of  excellent  quality,  with  meadows  naturally  watered 
by  numerous  water  courses.  More  than  1,000  head  of  cattle  graze  on  these, 
and  of  these  400  cows  are  milked  daily,  and  their  milk  is  made  into  cheese  of 
the  Gruyere  kind,  about  80  kilograms  being  produced  per  day.  The  whole  of 
the  lands  of  this  colony  are  parceled  out  into  small  farms  of  from  100  to  200 
acres  each,  which  have  almost  all  of  them  been  sold  at  the  price  of  about  ^1.  55. 
per  acre,  the  purchase  money  being  paid  off  in  five  years.  This  system  of 
colonization  offers  so  many  advantages  that,  in  all  probability,  it  will  be  adopted 
by  the  owners  of  vast  tracts  of  land  known  by  the  name  of  "estancias."  A 
colonist  from  Europe  would  easily  meet  with  a  couple  of  hundred  acres  of  good 
land,  watered  by  streams  which  never  run  dry,  within  a  radius  of  100  miles 
from  Montevideo,  at  the  rate  of  ^2  per  acre. 

The  Guaviyu  colony,  in  the  northwest,  has  700  immigrants,  1  20  families ;  in 
the  Sauce  colony  are  59  families'of  Swiss  extraction;  the  Riachuelo  colony, 
composed  of  Italians,  is  progressing.  There  are  colonies,  also,  in  Soriano,  Rio 
Negro,  and  Paysandu.  The  last  named  had  in  1884  1,396  inhabitants.  The 
colony-general,  Artigas,  counted  in  1884  1 1 1  families,  or  546  persons.  In  Mal- 
donado  are  two  colonies;  Rocha  and  Minds,  one  each;  in  Salto,  four.  The 
colony  Paullier,  of  San  Jose,  consisted  in  1884  of  75  families,  the  majority 
Spaniards.  This  scheme  of  colonization  under  the  law  of  October  8,  1887,  if 
persisted  in,  will  finally  populate  the  country  to  such  an  extent  that  voluntary 
immigration  may  after  a  while  cut  some  figure  in  the  country. 


Venezuela. 


I,  Joaquin  Crespo,  Chief  of  the  National  Executive  Power,  do  hereby  decree: 

Chapter  I. — Immigration. 

Title  I. — Immigration  in  general,  and  the  different  classes  and  conditions  of 

immigrants. 

Art.  1.  The  immigration  of  foreigners  shall  be  effected  and  regulated  in  the 
country  according  to  the  provisions  of  the  present  law. 

Art.  2.  The  National  Government  and  the  government  of  each  State  shall 
promote  and  facilitate  the  immigration  into  the  Republic  of  such  foreigners  as 
may  be  capacitated  for  engaging  in  agricultural  pursuits,  in  cattle-raising,  in  any 
art,  trade,  or  domestic  service. 

Art.  3.  Persons  of  the  West  Indies  shall  not  be  admitted  as  immigrants  nor 
anyone,  of  whatever  country,  older  than  sixty  years,  unless  he  have  a  family 
coming  with  him  to  settle  or  already  settled  in  the  Republic. 

Art.  4.  Persons  lacking  in  the  required  conditions  of  health  and  morality 
shall  also  be  disqualified  to  be  immigrants. 

Art.  5.  The  governments  of  the  States,  before  carrying  into  effect  the  pro- 
visions they  may  make  in  fSvor  of  immigration,  shall  communicate  them  to  the 
National  Government  in  compliance  with  art.  2  of  the  present  law. 

Art.  6.  Any  foreigner  shall  be  considered  for  the  purposes  of  the  present  law 
to  be  an  immigrant,  if  he  has  left  his  country  to  come  and  settle  in  Venezuela, 
and  has  had  his  passage  paid  by  the  Government. 

Any  foreigner  who  has  not  accepted  payment  of  his  passage  by  the  Govern- 
ment, but  who  goes  before  the  immigration  agent,  or,  if  there  be  none,  before 
the  consul  of  Venezuela,  at  the  place  where  he  resides,  and  declares  before  sail- 
ing for  Venezuela  that  he. is  willing  to  accept  all  the  benefits  that  the  present 
lawgrants  the  immigrants,  and  to  comply  with  all  the  conditions  which  it  imposes 
upon  them,  shall  be  also  considered  an  immigrant. 

Art.  7.   Immigrants  shall  be  divided  into  classes  as  follows : 

First.   Immigrants   without  contract,  coming   in  search  of  some  occupation  in 

the  country.  « 

157 


158        LAWS.   RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Second.  Immigrants  coming  under  contracts  entered  into  between  them  and 
the  government  of  some  one  of  the  States. 

Third.  Immigrants  coming  under  contracts  entered  into  between  them  and 
private  individuals,  associations,  or  companies,  not  specially  engaged  in  coloni- 
zation. 

Fourth.  Immigrants  under  contract  to  work  in  colonies  belonging  to  private 
persons  on  vacant  public  lands. 

Fifth.  Imriiigrants  under  contract  to  work  in  colonies  belonging  to  private 
persons  on  their  own  private  lands. 

Sixth.  Immigrants  under  contract  to  work  in  colonies  under  the  direct  man- 
agement of  the  Government. 

This  sixth  class  shall  be  subdivided  as  follows : 

First.  Immigrants  under  contract  to  work  in  colonies  established  in  vacant 
public  lands. 

Second.  Immigrants  under  contract  to  work  in  colonies  established  in  lands 
purchased  by  the  Government  from  private  parties. 

Art.  8.  The  Government  shall  take  care,  as  far  as  circumstances  permit,  that 
a  reasonable  proportion,  both  in  regard  to  sex  and  nationality,  be  kept  among 
the  immigrants;  thus  avoiding  as  far  as  practicable  an  undue  excess  in  the  num- 
bers of  either  sex  or  any  one  nationality.  * 

Title  II. — Central  hoard  of  immigration. 

Art.  9.  A  board  is  hereby  created,  consisting  of  six  members,  two  of  whom 
must  be  selected  from  persons  engaged  in  agriculture.  Two  others  must  be 
merchants  residing  in  the  capital  of  the  Republic.  Xhe  manner  of  appointment, 
as  well  as  the  regulation  of  the  powers  and  duties  of  this  board,  shall  be  prop- 
erly provided  for  by  an  executive  decree.  • 

Art.  10.  The  board  thus  created  shall  be  known  by  the  name  of  Central 
Board  of  Immigration.  As  soon  as  organized  it  shall  have  the  power  to  estab- 
lish throughout  the  Republic  such  subordinate  boards  as  may  be  thought  neces- 
sary, their  respective  members  being  selected  by  it  from  among  the  most  compe- 
tent and  respectable  citizens  of  each  locality. 

Title  III. —  The  privileges,  assistance,  and  guarantees  granted  to  immigrants. 

Art.  1  1.  For  the  purpose  of  promoting  immigration  in  the  proper  way  the 
Government  shall  grant  all  immigrants  voluntarily  coming  to  the  country  the 
following  assistance,  privileges  and  guarantees,  to  wit: 

.    First.   The  payment  of  their  passage  both  by  sea  and  by  land,  from  the  place 
of  embarkation  to  any  of  the  main  immigrant  depots. 


VENEZUELA.  I59 

The  National  Government  may  also,  if  it  chooses,  pay  the  passage  of  the 
immigrant  from  the  place  of  his  residence  to  the  place  of  embarkation. 

Second.  Payment  of  landing  expenses,  and  board  and  lodging  of  the  immi- 
grants for  thirty  dayS  subsequent  to  their  arrival. 

Third.  Admission  free  of  duty  of  all  their  wearing  apparel,  domestic  utensils, 
seeds,  useful  animals,  machinery,  tools,  and  instruments  of  their  calling. 

Fourth.  Exemption  from  payment  of  any  fee,  consular  on  other,  for  the  pass- 
port given  ihem,  and  in  which  the  circumstance  that  the  bearer  is  an  immigrant 
must  be  stated. 

Immigrants  belonging  to  the  sixth  class  above  described  shall  be  taken,  at  the 
Government's  expense,  to  the  colony  for  which  they  have  been  engaged. 

Art.  iz.  The  Executive  Power  shall  set, apart  for  the  immigrants  above  ten 
years  of  age,  of  the  first,  second,  and  third  classes,  and  of  the  first  subdivision 
of  the  sixth  class,  a  number  of  lots  of  vacant  public  lands  sufficient  to  give  each 
one  not  less  than  five  acres  nor  more  than  six,  according  to  the  fertility  of  the 
soil,  its  healthfulness,  and  its  distance  from  the  centers  of  population.  But  the 
grant  of  these  lots  shall  be  made  dependent  on  the  condition  that  at  least  the 
third  part  of  their  area  be  put  under  cultivation  within  four  years,  counted  from 
the  day  in  which  actual  possession  of  the  land  is  given.  Upon  the  fulfillment 
of  this  condition,  the  Government  will  make  a  final  concession  of  the  land  in  fee 
simple  to  the  immigrant. 

First.  The  National  Executive  shall  be  subject,  in  regard  to  the  lands  referred 
to  in  this  article,  to  the  same  restrictions  as  are  established  in  section  first  of 
article  27. 

Second.  The  lands  referred  to  in  this  article  shall  be  subject  to  the  conditions 
established  in  article  30,  except  in  relation  to  the  kind  of  cultivation. 

Third.  Actual  possession  of  the  lands  referred  to  in  this  article  shall  not  be 
given  to  the  immigrants  of  the  second  and  third  classes  until  after  the  obliga- 
tions of  their  contracts  are  duly  fulfilled. 

Art.  13.  In  order  to  save  time  and  expense  to  the  interested  parties,  the 
National  Government  shall  waive  all  the  steps  and  requisites  not  indispensable 
to  make  the  title  perfect,  in  the  following  cases : 

First.  Whenever  the  tracts  of  land  referred  to  in  article  27  are  to  be  set  aside 
or  allotted  or  finally  conveyed  in  fee  simple  to  colonization  companies. 

Second.  Whenever  the  conveyances  referred  to  in  section  first  of  article  29 
are  to  be  made  and  executed. 

Third.  Whenever  the  tracts  of  land  r^erred  to  in  article  1 2  are  to  be  set 
apart,  or  allotted,  or  finally  conveyed  in  fee  simple  to  individual  immigrants. 

Fourth,   Whenever  the  tracts  of  land  referred  to  in  article  33  are  to  be  pur- 


l6o        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

chased  from  private  persons,  and  whenever  a  portion  of  the  same  tracts  of  land 
is  to  be  sold  to  an  immigrant,  under  the  same  article. 

Fifth.  Whenever  the  lots  referred  to  in  article  34  are  to  be  sold  to  preemptor 
colonists,  or  whenever  any  of  the  second  lots  referred  to  in  the  same  article  is 
to  be  alienated. 

Sixth.  Whenever  the  title  of  ownership  of  the  vacant  public  lands  purchased 
by  an  immigrant,  under  art.  25,  is  to  be  executed. 

Art.  14.  Immigrants  shall  enjoy  in  the  Republic  all  the  rights  granted  by  law 
to  aliens;  and  if  they  choose  to  be  naturalized  they  shall  be  exempted  from 
military  service  during  the  whole  of  their  lives,  except  only  in  case  of  foreign 
war. 

Title-  IV. — Duties  of  immigrants. 

Art.  15.  In  addition  to  the  duties  incumbent  upon  all  foreigners  residing  in 
Venezuela,  immigrants  shall  be  bound  to  fulfill  the  following  obligations: 

First.  To  comply  with  the  provisions  of  the  contracts  under  which  they  have 
been  brought  to  the  country. 

Second.  Not  to  leave  the  country  before  the  end  of  eighteen  months  at  least, 
after  their  arrival,  unless  they  repay  the  National  Treasury  all  that  has  been 
expended  for  their  transportation. 

Art.  i6.*  Immigrants  who,  before  the  expiration  of  the  eighteen  months  above 
stated,  should  wish  to  return  to  their  own  countries,  in  order  to  join  their  re- 
spective families  and  come  back  to  the  Republic,  shall  be  allowed  to  do  so,  if 
they  give  bonds  to  the  satisfaction  of  the  Central  Board  of  Immigration  in  suffi- 
cient amount  to  repay  all  the  expenses  incurred  by  Government  in  bringing 
them  to  the  country. 

Such  immigrants  as  shall  return  with  their  families  to  Venezuela  are  entitled 
to  have  the  passage  of  this  return  trip  paid  by  the  Government.  The  fare  to 
their  country  shall  be  paid  by  themselves,  but  upon  their  return  it  will  be  re- 
funded to  them,  provided  the  amount  thereof  has  been  fixed,  previous  to  the 
voyage,  between  the  immigrant  and  the  central  board  of  immigration. 

Title  V. — Formalities  to  be  observed  by  companies  or  individuals  wishing  to 
bring  immigrants  and  the  man,ner  of  bringing  them. 

Art.  17.  All  companies  and  individuals  proposing  to  bring  immigrants  into 
this  Republic  shall  file  an  application  before  the  National  Executive,  asking  for 
the  proper  authority  to  do  so;  and  the  said  authority  shall  be  granted  to  them, 
through  the  proper  Department,  on  condition  that  they  fulfill  all  the  requisites 
provided  in  the  present  decree,  and  in  all  other  rules  and  regulations  which  may 
be  in  force  at  the  rime  when  the  authority  is  granted. 


VENEZUELA.  l6l 

Art.  i8.  Before  granting  such  authority,  and  before  entering  into  any  immi- 
gration or  colonization  contracts  with  a  private  individual  or  with  a  company, 
the  head  of  the  said  Department  shall  ask  t}\e  opinion  of  the  central  board  of 
immigration.  If  the  report  be  unfavorable,  the  head  of  the  Department  shall 
demand  from  the  applicants  such  guarantees  as  may  be  required  to  protect  the 
interests  of  the  Treasury  or  of  the  country,  and  if  such  be  not  given  the  appli- 
cation shall  be  denied. 

Art.  19.  Private  individuals  or  companies  proposing  to  bring  immigrants  to 
Venezuela  may  employ  for  that  purpose  the  kind  of  vessels  or  the  class  of  pas- 
sage they  may  prefer,  but  the  Government  shall  be  responsible  only  for  the 
amount  of  the  fare  agreed  upon  between  it  and  the  applicant. 

Title  VT. —  The  manner  of  making  contracts  with  immigrants. 

Art.  20.  Private  individuals  or  companies  having  permission  to  bring  immi- 
grants into  the  Republic,  and  desiring  to  enter  into  contracts  with  said  immi- 
grants, shall  be  allowed  to  do  so  directly  and  in  the  usual  way,  by  themselves 
or  through  competent  attorneys  or  representatives,  subject,  however,  to  the 
restrictions  established  in  article  22  as  to  the  duration  of  said  contract.  Said 
contracts  may  be  also  made  and  entered  into  through  the  respective  information 
agents,  under  the  rules  provided  in  articles  21  and  22  of  the  present  decree. 

Art.  21.  Private  individuals  or  companies  wishing  to  make  their  contracts 
through  the  respective  information  agents  shall  set  forth  in  their  applications  the 
number,  class,  and  nationality  of  the  persons  they  wish  to  bring  to  the  country, 
their  sex  and  age,  their  trades  or  occupations,  the  number  of  hours  they  will  be 
required  to  work,  the  wages  to  be  paid  them,  the  kind  of  lodging  to  be  given 
them,  the  extent  of  the  tract  of  land  to  be  given  them  for  cultivation,  and  all 
other  particulars  which  may  be  desired.  As  far  as  consistent  with  their  official 
character,  it  shall  be  the  duty  of  the  State  Governments,  when  desiring  immi- 
gration, to  give  notice  to  the  National  Government  of  all  the  facts  and  circum- 
stances just  enumerated,  and  to  make  all  other  explanations  necessary. 

Art.  22.  The  applications  referred  to  in  the  preceding  article  shall  be  referred 
by  the  National  Executive,  for  the  proper  report,  to  the  respective  information 
agents  abroad;  and  when  the  terms  stated  in  the  same  are  accepted  by  the  im- 
migrants, a  bilateral  contract  shall  be  understood  to  have  been  made  and  entered 
into  between  them  and  the  applicants.  This  contract  shall  be  executed  before 
the  respective  consuls,  and  shall  be  binding  upon  the  parties  thereto.  These 
contracts  shall  last  for  only  two  years,  but  this  time  may  be  extended  at  the  will 
of  the  parties.  No  stipulation  contrary  to  the  Constitution  and  laws  of  the 
Republic,. or  to  any  international  treaty,  shall  be  allowed  in  these  contracts. 
Bull.  53 11 


l62         LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Such  contracts  as  are  made  directly  between  colonization  enterprises  and  the 
immigrants,  may  be  allowed  to  continue  in  force  for  four  years. 

Art.  23.  Private  individuals,  or  companies,  desiring  to  make  these  contracts 
directly,  either  by  themselves  or  through  attorneys,  shall  set  forth  in  their 
applications  the  number  of  immigrants  they  wish  to  bring  to  the  country,  their 
nationality,  sex,  trade  or  occupation,  and  their  approximate  age. 

Title  VII. — Purchase  of  public  lands.  ■ 

Art.  24.  Such  immigrants  as  may  purchase  public  lands  during  the  first  two 
years  of  their  residence  in  the  Republic  shall  not  be  bound  to  pay  the  price 
thereof  until  after  the  expiration  of  four  years,  counted  from  the  day  in  which 
they  enter  into  actual  possession  of  the  purchased  land;  but  they  will  not  be 
allowed  to  sell  or  transfer  said  land  during  this  period. 

Art.  25.  The  patent,  or  title  of  ownership,  shall  not  be  delivered  to  the 
immigrant  until  after  he  has  paid  up  the  stipulated  price,  and  given  sufficient 
proof  both  of  his  residence  in  the  tract  of  land  referred  to,  and  of  his  having 
put  the  same  under  cultivation. 

Art.  26.  The  prices  to  be  charged  under  the  present  decree  for  national 
public  lands  are  as  follows:  $3.12  per  acre  for  agricultural  lands,  and  $386  per 
square  league  for  pasture  lands,  or  lands  suitable  for  raising  cattle. 

Chapter   II. — Colonization. 
Title  I. — Colonization  in  public  lands  by  private  individuals  or  companies. 

Art.  27.  The  Executive  Power  shall  grant  all  private  individuals  or  compa- 
nies, which  may  desire  to  establish"  colonies,  all  such  tracts  of  public  lands  as 
they  may  ask  for,  provided  they  bind  themselves  to  cultivate  said  lands,  within 
the  period  of  four  years  counted  from  the  day  of  possession,  with  immigrants 
introduced  through  the  National  Government. 

First.  The  Executive  shall  have  no  power  to  grant  for  these  purposes  any 
tract  of  land  already  occupied  or  cultivated  by  Venezuelans  who  are  willing  to 
purchase  it,  or  any  tract  of  land  which  has  been  denounced  by  private  parties, 
or  which  abounds  in  valuable  timber,  suitable  for  building  purposes  or  for 
cabinet-making,  the  preservation  of  which  may  be  deemed  to  be  desirable  for 
the  national  interests. 

Second.  The  grant  of  the  lands  referred  to  in  this  article  shall  be  made  by 
•the  Executive  Power  in  proportion  to  the  number  of  immigrants  over  ten  years 
of  age;  but  the  grant  shall  never  exceed  seventeen  acres,  nor  be  less  than  five 
and   one-half,  for  each  immigrant,  and   in   all  cases  it   shall   be  determined  in 


VENEZUELA.  163 

accorda^re  with  the  degree  of"  fertility  and  salubrity  of  said  lands  and  their  dis- 
tance from  the  center  of  population. 

Third.  The  Executive  Power  shall  cause  these  lands  to  be  surveyed  by  a 
surveyor  appointed  by  it  for  this  purpose. 

Art.  28.  The  Executive  Power  shall  cause  the  colonization  companies  to 
stipulate  in  their  contracts  for  colonization  in  public  lands  that  half  of  the  lands 
granted  them  for  this  purpose  shall  be  distributed  among  the  colonists  and  con- 
veyed to  them  in  fee  simple. 

Art.  29.  If,  after  the  expiration  of  the  four  years  spoken  of  in  the  preceding 
articles,  it  be  proved  to  the  satisfaction  of  the  Executive  Power,  by  the  colon- 
ization company,  that  one-third  at  least  of  the  lands  granted  has  been  brought 
under  cultivation,  by  the  establishment  of  regular  farms  or  estates  therein,  and 
that  this  has  been  done  chiefly  with  immigrants  introduced  by  the  said  company, 
then  and  in  that  case  the  Executive  Power  shall  issue  and  deliver  to  the  latter 
the  patent,  or  title  of  ownership  in  fee  simple  of  the  lands  thus  granted. 

The  colonization  company  shall  then  convey  in  fee  simple  to  the  colonists 
the  lands  which  under  Article  28  belong  to  them. 

Art.  30.  Those  lands  which  at  the  expiration  of  the  four  years  above  referred 
to  are  not  under  cultivation,  in  the  proportion  and  in  the  manner  spoken  of  in 
the  preceding  article,  shall  return  to  the  possession  of  the  Republic  as  public 
lands. 

Title  II. — Colonization  on  public  land  by  private  parties  or  companies. 

Art.  31.  In  order  that  an  aggregation  of  immigrants  on  a  tract  of  land  be- 
longing to  private  parties  may  be  considered  a  colony,  the  following  shall  be 
required  : 

First.  That  the  owner  of  the  land  shall  have  previously  declared  his  intention 
to  found  the  said  colony,  and  asked  for  the' authority  to  do  so  from  the  proper 
Executive  Department. 

The  application  for  this  authority  shall  set  forth  particularly  all  the  condi- 
tions under  which  the  applicant  intends  to  found  his  colony,  and  especially  the 
number  of  persons  of  which  it  is  to  consist.  The  Department  shall  reier  this 
application  for  the  proper  report  to  the  Central  Board  of  Immigration,  which 
may  ask  for  further  information,  if  in  its  judgment  the  application  does  not  con- 
tain all  the  explanations  necessary. 

Second.  That  the  colony  shall  consist  of  at  least  five  hundred  immigrants 
brought  into  the  country  with  the  expressed  purpose  to  form  it. 

Third.  That  the  colony  shall  contain  at  lea^t  one  hundred  dwelling  houses, 
and' that  subsequent  to  the  foundation  of  the  colony  1,235  ^^^^^  of  the  land 
thereof  shall  have  been  brought  under  cultivation. 


164        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Fourth.  That  the  greatest  part  of  the  immigrants  who  form  the  colony  shall 
have  resided  within  its  limits  for  at  least  five  consecutive  years. 

Art.  32.  Upon  the  fulfilment  of  the  requisites  set  forth  in  the  preceding 
article  each  one  of  the  immigrants  who  form  the  colony  shall  be  entitled,  as 
soon  as  his  own  contract  with  the  owner  of  the  land  is  duly  complied  with,  to 
receive  from  the  National  Treasui'y  the  sum  of  $19.30,  which  shall  be  paid  to 
him  in  lieu  and  in  compensation  for  the  public  lands  which  the  Nation  has  not 
given  to  him.  And  the  owner  of  the  land  wherein  the  colony  has  been  founded 
shall  also  be  entitled  to  receive  from  the  Government,  in  remuneration  of  his 
efforts,  $1 1.58  for  each  immigrant  over  ten  years  of  age. 

Failure  on  the  part  of  the  owner  to  comply  with  the  requisites  provided  for 
in  the  preceding  article  shall,  if  in  the  opinion  of  the  central  board  of  immigra- 
tion it  depends  upon  his  will,  render  him  liable  to  the  immigrants  for  the  damages 
they  may  have  sustained;  but  if  the  failure  depends  upon  the  immigrants  them- 
selves, then  they  shall  be  bound  to  indemnify  the  owner. 

The  amount  of  the  indemnities  herein  provided  for  shall  never  exceed  $19.30 
when  paid  by  the  owner  tg  the  immigrant  and  $1 1.58  when  paid  by  the  immi- 
grant to  the  owner.  ♦ 

Title  III. — Colonization  on  lands  purchased   by  the  National   Government 

from  private  parties. 

Art.  33.  The  Government  shall  have  power  to  purchase  lands  from  private 
parties  for  colonization  purposes  only  in  case  they  are  uncultivated.  The  lands 
thus  purchased  shall  be  divided,  as  their  topographical  conditions  permit,  into 
equal  portions,  not  exceeding  ten  acres  each,  and  disposed,  as  far  as  prac- 
ticable, in  a  checkered  form.  Of  these  the  Government  shall  sell  these  lots,  that 
is  to  say,  reserving  or  leaving  one  lot  unsold  between  two  sold.  The  unre- 
served lots  shall  be  offered  for  sale  on  easy  terms,  according  to  their  special 
circumstances,  to  the  first  immigrants,  founders  of  the  colony,  and  the  reserved 
ones  shall  be  disposed  of  afterwards,  either  by  sale;  at  public  auction  or  by  grant 
or  contract;  but  this  shall  not  be  done  until  the  value  of  the  reserved  lands  has 
increased  sufficiently  to  compensate  for  the  losses  sustained  in  the  sale  of  the 
others. 

First.  On  equal  terms,  preference  shall  be  given  for  the  acquisition  of  the 
reserved  lots  to  the  owners  of  the  ones  not  reserved. 

Second.  All  owners  are  bound  to  give  each  other  the  right  of  way  in  the 
manner  which  may  be  least  injurious  to  them. 

Third.  The  Government  shall  distribute  the  water  as  equitably  as  possible 
among  the  different  lots  into  whicn  the  ground  is  divided. 


9 
VENEZUELA.  165" 

Art.  34.  If  the  Government  desires  to  establish  a  town  in  an  agricultural 
colony,  such  portion  of  the  lands  as  may  be  sufficient  for  a  public  square  shall 
be  reserved.  The  principal  public  buildings  shall  be  erected  facing  the  said 
square.  The  balance  of  the  ground  set  apart  for  the  town  shall  be  divided  into 
squares  of  one  hundred  and  ten  yards  on  each  side,  separated  from  each  other  by 
streets  forty-seven  feet  wide.  Each  square  shall  also  be  subdivided  into  lots  of 
greater  or  less  size,  facing  the  street.  These  shall  be  sold  alternately,  as  pro- 
vided for  in  the  foregoing  articles  for  the  agricultural  lots;  but  no  preference 
whatever  shall  be  given  for  the  acquisition  of  the  reserved  lots  to  the  purchaser 
of  those  not  reserved. 

Art.  35.  When  the  colony  has  been  founded  by  the  National  Government 
on  lands  purchased  to  that  effect  from  private  parties,  the  colonists  shall  have 
rhe  right  to  elect  their  own  police  authorities. 

Art.  36.  In  no  case  shall  the  Government  have  power  to  compel  the  lawful 
owner  of  a  tract  of  land 'to  cede  it  or  sell  it,  either  wholly  or  in  part,  for  the 
establishment  of  colonies,  nor  to  force  the  said  owner  to  sell  separately  from  the 
ground  any  particular  building,  water-course,  or  spring  belonging  to  them. 

Title  IV. — Colonization  made  by  the  National  Government  on  public  lands. 

Art.  37.  The  purpose  of  the  Government  being  to  promote  the  foundation 
of  colonies  under  its  direct  control  on  public  lands,  sections  of  the  said  lands, 
measuring  at  least  7413  acres,  shall  be  set  apart  by  the  National  Executive;  and 
there  shall  be  located,  according  to  the  necessities  of  the  case,  the  tract  to  be 
given  to  each  immigrant  of  the  first  and  third  categories  and  of  the  first  sub- 
division of  the  sixth  category.  The  National  Executive  shall  cause  these  tracts 
to  be  previously  surveyed  and  classified,  in  "order  to  locate  them  as  directed. 

As  soon  as  the  colony  counts  at  least  five  hundred  foreign  settlers  they  shall 
have  the  right  to  elect  their  own  police.  The  Government  shall  also  assist 
them,  as  far  as  permitted  by  the  circumstances  of  the  National  Treasury,  in 
opening  roads  which  may  render  easier  or  safer  communication  between  those 
localities  and  the  nearest  highway  or  railroad  extension.  Said  road  shall  be 
twenty  feet  wide,  with  a  grade  not  exceeding  six  per  cent. 

Chapter  III. — Sole  Title. 

General  provisions. 

Art.  38.  The  provisions  made  and  enacted  in  this  decree  shall  be  made 
known  to  each  immigrant  before  he  leaves  his  country,  and  it  shall  be  the  duty 
of  the  respective  agent  or  consul  for  Venezuela  to  impart  to  him  this  informa- 
tion, and  to  make  a  record  of  the  fact  on  a  registry  to  be  kept  for  this  purpose. 


l66        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Art.  39.  It  shall  belong  to  the  National  Executive  to  make  such  rules  as  mav 
be  necessary  to  carry  into  effect  the  provisions  of  the  present  decree,  fix  the 
powers  and  duties  of  the  Central  Board  of  Immigration,  and  to  establish  for 
that  purpose  such  boards,  offices  and  immigrant  depots,  etc.,  etc.,  as  may  be 
required. 

Art.  40.  A  suitable  amount  shall  be  included  in  the  general  appropriation 
bill  of  each  year,  sufficient  to  provide  for  this  matter,  and  to  promote  immigra- 
tion and  colonization  in  Venezuela. 

Art.  41.  The  Secretary  of  "  Fomento  "  shall  attend  to  the  proper  execution 
of  the  present  decree. 

Given  under  my  hand  and  the  great  seal  of  the  nation,  and  countersigned 
by  the  Secretary  of  "  Fomento  "  at  the  Federal  Palace  of  the  Capitol,  at  Caracas, 
this  7th  day  of  January,  1893. 

JOAQUIN  Crespo. 

V.     RoDRIGUES, 

Secretary  of  "  Fomento. " 


APPENDIX. 


BRITISH  GUIANA. 

Mr.  Philip  Carroll,  United  States  Consul  at  Demerara,  British 
Guiana,  submitted  to  the  State  Department  of  the  United  States, 
on  the  28th  of  July,  1891,  in  answer  to  instructions  from  the  same, 
the  following  report : 

REPORT  UPON  THE  LAWS  AND  REGULATIONS  OF  THE  CONSULAR  DISTRICT  OF  DEM- 
ERARA RESPECTING  PUBLIC  LANDS,  AS  PER  CIRCULAR  OF  THE  DEPARTMENT  DATED 
FEBRUARY    lO,    189I,   FOR    BUREAU    OF    AMERICAN    REPUBLICS. 

1.  What  are  the  laws  of  the  country  in  which  you  are  located  respecting  the 
sale  and  the  settlement  of  the  public  lands? 

Answer.  The  laws  and  regulations  upon  this  subject  are  so  extensive  that  it 
is  deemed  proper  to  forward  the  same  herewith,  as  it  is  feared  extracts  there- 
from would  not  be  satisfactory. 

2.  What  is  the  extent  of  the  unoccupied  Government  territorv  and  what  is 

its  character.? 

Answer.  The  extent  of  this  colony  appears  not  to  have  been  determined  thus 
far.  Besides  the  dispute  as  to  its  limits  and  extent  between  Her  Majesty's  Gov- 
ernment and  that  of  Venezuela,  there  is  a  great  diversity  of  opinion  in  the  col- 
ony as  to  the  extent  of  that  conceded  by  Venezuela,  in  which  I  have  heard  the 
unoccupied  government  land  estimated  to  be  as  high  as  98,000  square  miles,  and 
again  the  entire  colony  at  only  69,000  square  miles.  It  is  therefore  impossible 
that  in  the  absence  of  oificial  data,  which  appear  thus  far  wanting,  to  even 
approximate  the  extent  or  limits  of  the  colony  and  the  unoccupied  Government 
territory  therein.  The  character  of  that,  however,  said  to  be  unoccupied 
embraces  forest,  savanna,  and  mountain  land.  Of  that  known  as  "  savanna  " 
land  there  appear  to  be  two  kinds — that  is,  the  lower  and  more  alluvial  tracts, 
which  are  contiguous  to  the  seacoast  and  tidal  parts  of  the  principal  rivers,  but 
not  including  the  cultivated  districts  extending  back  for  many  miles.  These 
lands  are  entirely  destitute  of  trees  or  brush  growth,  being  covered  with  a  thick 
rush  or  reed-like  vegetation,  and  during  the  rainy  season  entirely  under  water. 

167 


l68        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

The  savanna  lands  far  in  the  interior  are  of  a  verv  different  character,  being  of 
a  greater  elevation  and  destitute  of  the  swampy  characteristics  referred  to  as 
pertaining  to  the  coast  and  river  lands.  These  higher  savanna  lands  occur  in 
extensive  belts,  alternating  with  mountain  ridges,  from  the  upper  waters  of  the 
rivers  to  the  Brazilian  border.  The  forest  lands  seem  to  be  much  more  exten- 
sive than  those  of  the  savanna  or  prairie  lands,  and  in  these  are  found  the  rich 
auriferous  and  mineral  deposits  which  now  appear  to  be  attracting  somewhat 
more  than  ordinary  attention  and  capital,  as  also  the  tracts  of  greenheart 
and  other  native  woods,  from  which  is  obtained  the  timber  exported  from  this 
colony. 

3.  Is  there  any  limit  to  the  amount  of  land  that  may  be  secured  bv  purchase, 
lease,  or  colonization? 

Answer.  There  is  apparently  no  limit  to  the  amount  that  may  be  secured, 
but  under  section  5  of  the  regulations  the  extent  of  each  tract  as  specified  must 
not  be  less  than  25  nor  more  than  250  acres,  unless  the  governor  directs  otherwise. 

4.  Are  there  any  preemption  or  homestead  laws  ? 
Answer.   None. 

5.  What  distinction  is  made  in  the  sale  or  settlement  of  mining,  timber,  min- 
eral, or  agricultural  lands  ? 

Answer.  There  does  not  seem  to  be  any  distinction  save  in  the  form  of  appli- 
cation in  the  first  place.  As  these  are  developed,  however,  or  so  far  as  mining 
and  mineral  lands  are  concerned,  they  are  subject  to  the  laws  and  regulations  to 
which  reference  has  been  made  in  answer  No.  1  in  this  report  and  that  quoted 
in  the  report  on  the  mining  laws  of  this  colony. 

6.  What  is  the  price  and  recognized  value  of  such  lands  ? 

Answer.  The  minimum  price  is  fixed  by  law  at  $1  pef  acre,  but  as  to  the 
maximum  value  it  would  be  difficult,  if  not  impossible,  to  state;  which  would 
depend  upon  the  quality  or  production. 

7.  Is  there  any  distinction  made  in  the  public  land  laws  between  citizens  and 
aliens  ? 

Answer.   Apparently  none. 

8.  What  attempts  have  been  or  are  being  made  by  the  Federal  Government 
or  provincial  authorities  to  encourage  immigration,  and  how  far  have  they  been 
successful  ? 

Answer.  In  this  colony  immigration  is  conducted  on  a  very  large  scale.  In 
fact,  immigration,  so  far  as  the  sugar  industry  is  concerned,  appears  to  have 
been  its  chief  stimulant — that  is,  to  the  extent  and  in  the  sense  in  which  labor 
stimulates  all  industries.  And  all  matters  pertaining  to  immigrants  and  emi- 
grants are  vested  in  a  special  department,  the  head  of  which  holds  a  seat  in  the 


APPENDIX.  ibi) 

executive  council  or  official  section  of  the  legislature.      His  report  for  1890  is 
forwarded  per  late  mail. 

The  report  of  the  immigration  agent-general  for  1890,  copies  of  which  have 
been  courteously  furnished  this  office,  states  that  durirtg  that  year  4,618  East 
Indian  coolies  arrived  from  Calcutta.  These  immigrants  were  all  under  inden- 
ture to  the  various  sugar  estates.  In  addition  to  these  the  report  states  that 
"  there  were  twenty-three  men,  sixteen  women,  and  three  boys  who  paid  the 
cost  of  their  passages  to  the  colony  and  were  registered  as  'casuals  '  on  arrival." 
At  the  expiration  of  five  years,  which  is  the  period  of  indenture  as  established 
by  law,  each  immigrant  is  entitled  to  a  return  passage  to  India  at  the  expense 
of  the  Government,  or  to  a  sum  of  money  equal  to  the  cost  of  transportation. 
The  same  report  shows  that,  in  1890,  2,125  ^^*  Indians  availed  themselves  of 
the  opportunity  to  return. 

9.  Where  do  the  immigrants  come  from,  and  what  is  their  character  and 
'condition  ? 

Answer.  About  75  per  cent  from  British  East  India,  and  the  rest  from  Bar- 
bados, China,  and  the  Portuguese  insular  possessions  of  the  Atlantic. 

The  East  Indians  generally  on  landing  present  a  fine,  robust  appearance,  sup- 
posed to  be  acquired  during  the  long  period  of  transit  and  from  the  abundance 
of  food  served  out,  but  after  a  few  months  this  appearance  changes,  and  they 
become  thin  and  gaunt;  but  tKis  condition  seems  better  adapted  for  their  work 
than  that  in  which  they  came.  They  are  thrifty  and  industrious,  generally  . 
docile,  and  easily  managed. 

British   Guiana. 

an  ordinance  to  provide    for  the  proper    regulation  of   the  crown    lands, 
forests,  rivers,  and  creeks  of  the  colony. 

To  all  whom  these  presents  do,  may,  or  shall  come,  greeting  !  Be  it  known  : 
Whereas  it  is  expedient  to  provide  for  the  proper  regulation  of  the  Crown 
lands,  forests,  rivers,  and  creeks  of  the  colony:  Be  it  therefore  enacted  by  His 
Excellency  the  Governor  of  British  Guiana,  with  the  advice  and  consent  of  the 
court  of  policy  thereof,  as  follows  : 

Preliminary. 

1.  This  ordinance  may  be  cited  for  all  purposes  as  "the  Crpwn  lands 
ordinance,  1887." 

2.  In  this  ordinance,  unless  the  context  otherwise  requires,  "  boat "  means 
any  vessel  or  craft,  and  includes  the  tackle,  apparel,  and  furniture  belonging  to 
or  used  therewith. 


I/O        LAWS     RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

"Crown  lands  regulation"  means  any  regulation  contained  in  the  first 
schedule  to  this  ordinance  or  any  regulation  made  and  passed  by  the  governor 
under  the  provisions  of  this  ordinance. 

"Vehicle"  means  anything  used  in  conveying  on  land  any  substance  or  thint; 
seized  or  liable  to  seizure  under  this  ordinance,  and  includes  anv  animal  attached 
to  or  used  with  such  vehicle,  together  with  all  harness,  tackle,  and  appurtenances. 

Grants  and  licenses. 

3.  Subject  to  the  provisions  of  this  ordinance,  the  Crown  lands  and  for- 
ests of  the  colony  may  be  granted  or  sold  by  the  governor  in  the  name  and  on 
behalf  of  Her  Majesty. 

4.  Subject  to  the  provisions  of  this  ordinance,  the  governor,  in  the  name  and 
on  behalf  of  Her  Majesty,  may  issue  licenses  to  cut  wood  in  the  Crown  forests 
or  may  grant  permission  or  issue  licenses  to  occupy  any  portion  of  the  Crown 
lands  or  to  take  or  obtain  any  substance  or  thing  found  in  the  Crown  lands 
or  forests. 

Provided,  that  no  license  shall  issue  under  the  provisions  of  this  ordinance  to 
take  or  obtain  any  mineral  except  stone  for  building,  or  road  material,  or  for 
constructing  sea  defenses. 

5.  The  governor,  in  the  name  and  on  behalf  of  Her  Majesty,  may  issue  free 
grants  of  Crown  land  in  such  localities  and  allotments  and  subject  to  such  con- 
ditions as  may  from  time  to  time  be  approved  by  the  Governor  and  Court  of 
Policy, 

6.  And  whereas  in  certain  cases  where  grants  or  licenses  have  been  or  are 
presumed  to  have  been  issued  it  is  expedient  to  issue  grants  of  Crown  lands  or 
licenses  to  occupy  Crown  land  on  special  conditions:  Be  it  enacted  that  it  shall 
be  lawful  in  such  cases  for  the  governor  to  issue  a  grant  of  Crown  land  or  a 
license  to  occupy  Crown  land  on  any  conditions,  but  no  such  grant  or  license 
shall  have  any  force  or  effect  until  the  same  has  been  approved  by  the  gover- 
nor and  Court  of  Policy. 

7.  Where  any  Crown  lands  are  empoldered  by  or  under  the  direction  of  the 
Colonial  Government,  the  lands  so  empoldered,  if  the  governor  consents  thereto, 
shall  be  deemed  to  be  vested  in  the  colony. 

Where  any  Crown  lands  are  so  empoldered,  and  the  governor  consents  thereto, 
the  governor  shall  cause  a  grant  of  such  lands  to  and  in  favor  of  the  colony  to 
be  issued  iinder  his  hand  and  the  public  •eal  of  the  colony,  describing  the  lands 
so  empoldered  and  certifying  tha.t  such  lands  have  been  so  empoldered,  and 
thereupon  such  lands  shall  vest  in  the  colony  : 

Provided,  that  nothing  herein  shall  be  deemed  to  confer  anv  right  to  any 
minerals  in  such  land,  which  shall  remain  the  property  of  Her  Majesty. 


APPENDIX.  171 

Conditions  and  limitations. 

8.  Every  grant  or  license  issued  by  the  governor,  except  any  gram  or  license 
issued  under  the  provisions  of  sections  five,  six,  or  seven  of  this  ordinance,  shall 
be  subject  to  the  Crown-land  regulations  for  the  time  being  in  force. 

9.  No  grant  or  sale  of  any  Crown  lands  shall  be  deemed  to  confer,  or  to  have 
conferred,  any  right  to  any  mineral  in  such  Crown  lands,  and  all  such  minerals, 
notwithstanding  any  such  sale  or  grant,  shall  be  deemed  to  remain  and  shall 
remain  the  absolute  property  of  Her  Majesty. 

10.  No  permission  and  no  license,  except  licenses  issued  under  the  provisions 
of  section  six  of  this  ordinance,  to  occupy  any  of  the  Crown  lands  or  forests,  shall 
be  issued,  except  in  accordance  with  the  Crown-lands  regulations  for  the  time 
being  in  force : 

Provided,  that  the  provisions  of  this  section  shall  not  apply  to  any  license 
or  privilege  which  may  lawfully  be  granted  to  mine  or  search  for  or  take  any 
valuable  mineral. 

11.  No  grant  or  license,  except  any  grant  or  Jicense  issued  under  the  pro- 
visioYis  of  sections  five,  six,  or  seven  of  this  ordinance,  ?hall  be  issued  under  this 
ordinance  except  on  a  written  application  by  or  on  behalf  of  the  person  desiring 
the  same,  and  after  notice  of  the  same  has  been  published  by  the  Government 
Secretary  one  day  in  each  of  four  successive  weeks. 

1  2.  Before  any  grant  of  Crown  land  is  issued,  except  any  grant  issued  under 
the  provisions  of  sections  five,  six,  or  seven  of  this  ordinance,  the  land  proposed 
to  be  included  in  such  grant  shall  be  exposed  to  public  competition  at  auction 
at  the  upset  price,  which  may  also  from  time  to  time  be  fixed  by  the  Crown-land 
regulations. 

13.  Where  cwo  or  more  persons  desire  to  obtain  a  license  under  this  ordi- 
nance for  similar  or  any  privileges  in  the  same  land  or  for  the  same  or  similar 
privileges,  or  where  it  may  appear  expedient  to  the  governor  to  do  so,  the  gov- 
ernor may  direct  that  a  license  for  stated  pivileges  shall  be  exposed  to  public 
competition  at  auction. 

14.  Where  any  grant  or  license  is  exposed  to  public  competition  the  follow- 
ing regulations  shall  be  observed,  that  is  to  say : 

(1)  Public  notice  of  the  time  and  place  at  which  such  grant  or  license  shall 
be  exposed  to  public  competition  shall  be  given  for  at  least  twenty-one  days 
before  the  day  on  which  it  is  so  exposed  to  public  competition. 

(2)  The  Crown  Surveyor,  or  any  officer  of  the  Government  Land  Depart- 
ment authorized  by  the  Crown  Surveyor,  shall  expose  to  public  competition  at 
auction  such  grant  or  license  as  the  governor  has  sanctioned  being  so  exposed 
at  auction. 


(3)  Where  any  grant  or  license  for  any  privileges  is  applied  for  under  this 
ordinance,  the  land  proposed  to  be  comprised  in  such  grant,  or  the  license  for 
such  privileges,  may  be  exposed  to  public  competition  at  auction  as  a  whole,  or 
may  be  divided  and  separately  exposed  to  public  competition,  as  may  appear  to 
be  most  advantageous  to  the  public  interest. 

(4)  The  person  offering  the  highest  sum  at  such  public  competition  shall,  if 
a  grant  or  license  be  issued  to  him,  pay  the  church  and  poor  rate  payable  by  the 
purchaser  on  sales  at  public  auction. 

15.  Where  any  grant  or  license  is  exposed  to  public  competition,  the  person 
offering  the  highest  sum  (if  such  highest  sum  be  equal  to  or  above  any  upset  price 
which  may  be  fixed)  shall  be  deemed  to  have  a  preferent  claim  to  such  grant  oV 
license,  if  the  governor  deem  it  expedient  to  issue  such  grant  or  license,  but 
nothing  herein  contained  shall  be  deemed  to  give  any  person  a  right  to  any  such 
grant  or  license. 

16.  Any  person  claiming  any  interest  in  any  land  proposed  to  be  included  in 
any  grant  or  in  any  license  under  this  ordinance,  or  having  any  reason  to  oppose 
the  issue  of  any  grant  or  license,  may  lodge  in  the  office  of  the  Government  Sec- 
retary his  reasons  of  objection,  which  must  be  in  writing,  and  the  grant  or  license 
so  objected  to  shall  not  be  issued  until  the  governor  has  decided  as  regards  the 
validity  of  such  objections. 

17.  It  shall  not  be  compulsory  on  the  governor  to  grant,  sell,  or  dispose  of 
any  portion  of  the  Crown  lands  or  forests  of  the  colony,  or  to  issue  any  license 
under  this  ordinance  in  any  case  whatsoever. 

Forfeiture  and  determination. 

18.  Where  any  condition  of  any  grant  or  license  is  not  complied  with  or 
where  any  of  the  Crown  land  regulations  the  breach  whereof  entails  forfeiture 
is  not  complied  with,  the  grant  or  license  shall  thereupon  expire. 

19.  Where  any  grant  or  license  in  any  way  expires,  all  buildings  and  erections 
on  the  land  at  the  time  when  the  grant  or  license  expires  shall  absolutely  belong 
to  Her  Majesty. 

20.  Where  any  grant  or  license  expires,  in  consequence  of  the  noncompli- 
ance with  any  condition  br  Crown  land  regulation,  the  unpaid  portion  of  any 
rent  or  acre  money  to  be  paid  in  respect  of  the  unexpired  portion  of  the  term 
mentioned  in  such  grant  or  license  shall  fall  due  and  become  payable  and  may 
be  recovered  by  summary  execution  against  the  grantee  or  licensee  and  his 
sureties. 


APPElfJDIX.  173 

Regulations. 

21.  The  governor  and  court  of"  policy  may  from  time  to  time  make  and  when 
made  alter  or  revoke  regulations  for  any  of  the  purposes  of  this  ordinance. 

And  that  no  ignorance  may  be  pretended  of  this  our  ordinance  these  pres- 
ents shall  be  printed  and  published  in  the  customary  manner. 

Thus  done  and  enacted  at  our  adjourned  quarterly  assembly  held  at  the 
Guiana  public  buildings,  Georgetown,  Demerara,  this  twenty-fifth  day  of  May, 
one  thousand  eight  hundred  and  eighty-seven,  and  published  on  the  same  day. 


FIRST     SCHEDULE. 

Regulations  with  respect  to  the  sale  of  Crown  lands. 
(Repealed  in  1890.) 


SECOND    SCHEDULE. 

Fees  to  he  paid. 
(See  regulations  of  igpo*) 


The  St.  Thomas  Tidende,  of  April  9,  1892,  published  a  para- 
graph stating  that  a  rich  London  syndicate  had  entered  into  an 
agreement  with  the  governor  of  British  Guiana  to  procure  the 
incorporation  in  England  of  a  company  with  a  nominal  capital 
of  not  less  than  ;^2,ooo,ooo,  and  having  for  its  primary  object 
the  exploration  and  development  of  the  resources  of  certain  parts 
of  its  territory.  Within  six  months  from  incorporation  the  sub- 
scription of  not  less  than  ^^50,000  is  guaranteed.  In  return,  a 
concession  is  asked  for  conferring  on  the  company  the.  exclusive 
right  for  fifty  years  to  explore,  develop,  and  turn  to  account  the 
resources  of  the  territory,  and  during  the  first  five  years  of  the 
term  ^^50,000  is  to  be  spent.  A  contribution  of  ^500  per  annum 
is  agreed  to  for  the  cost  of  police.     The  company  ask  the  right 


174        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

of  constructing  roads,  railways,  telegraphs,  tramways,  canals,  and 
also  that,  subject  to  tne  approval  of  Government,  of  fixing  tolls, 
rates,  duties,  and  charges  for  the  carriage  of  passengers  and  goods 
and  dispatch  of  telegraph  messages,  etc.  The  concession  to  be 
determinable  at  the  end  of  five  years  if  the  company  has  not 
expended  ^50,000  or  upwards,  but  at  the  end  of  fifty  years  they 
are  to  remain  in  perpetuity  in  possession. 


DUTCH    GUIANA. 

Mr.  William  Wyndham,  acting-consul  of  the  United  States  at 
Paramaribo,  Dutch  Guiana,  submitted,  on  the  20th  of  June,  1891, 
in  response  to  a  circular  of  the  Department  of  vState  of  the  United 
States,  a  report  from  which  the  following  is  extracted : 

The  colony  possesses  about  41,500,000  acres  of  land,  of  which  about  24,700,000 
are  as  Government  unexplored.  It  may  be  considered  as  bushland,  and  moun- 
tainous in  the  interior. 

Colonization  can  be  carried  out  only  by  colored  people,  who  could  stand  the 
climate,  which  in  the  interior  appears  to  be  unfitted  for  Europeans. 

The  laws  of  the  colony  do  not  appear  to  deal  with  preemption  or  homestead 
regulations. 

Separate  ordinances  are  published,  regulating  the  sale  of  mining,  timber,  and 
mmeral  lands.  As  regards  agricultural  lands,  as  yet  beyond  old  estates  growing 
sugar  and  cacao  and  coffee,  all  agriculture  is  confined  to  small  holdings  for  the  pro- 
duction of  ground  roots,  cassava,  and  vegetables.      Cereals  are  not  cultivated. 

Land  can  be  obtained  by  the  payment  of  a  small  annual  tax.  Its  value  can 
not  be  estimated.  It  may  be  rich  in  ore,  or  timber,  or  any  other  of  the  unde- 
veloped resources  of  a  country,  as  yet  but  partly  explored,  rich  where  it  is 
already  cultivated  (or  mineral)  by  a  population  which  is  almost  entirely  resident 
in  town  or  its  vicinity  and  totally  inadequate  for  the  development  of  the  colony. 

No  distinction  exists  between  citizens  and  aliens  in  regard  to  the  possession 
of  property. 

The  government  of  the  colony  receives  willingly  every  new  comer  and  affords 
him  every  protection. 

The  immigrants  are  mostly  West  Indian  Negroes  in  search  of  work  in  the 
gold  placer  washings;   East  Indians,  who  are  under  contract  for  field  and  factory 


APPFNDIX.  175 

labor,  with  a  right  to  be  repatriated  at  the  expiration  of  their  contracts,  and 
Chinese  who  originally  came  contracted  as  coolies,  are  now  free,  and  are  engaged 
chiefly  as  small  storekeepers,  etc.  The  West  Indian  Negroes  are  good  workmen, 
suited  to  the  climate.  The  East  Indians  are  a  quiet  race,  working  well,  and  saving 
their  money  to  carry  back  when  their  contracts  expire.  The  Chinese  are 
nearly  all  settlers  and  are  quiet,  peaceable  shopkeepers.  A  few,  about  one 
hundred,  Javanese  have  been  imported  as  an  experiment,  but  it  is  improbable 
that  any  large  number  will  be  imported. 

The  colony  is  rich  in  soil,  timber,  and  minerals,  but  requires  hands,  and  if  the 
colored  people  in  America  could  be  induced  to  emigrate  to  the  colony  it  affords 
a  large  opening  for  their  labor,  and  those  possessing  a  little  capital  might 
easily  find  a  comfortable  home  here. 


GUADELOUPE. 

Mr.  Charles  Bartlett,  United  States  consul  at  Guadeloupe, 
submitted,  on  the  25th  of  May,  1891,  in  answer  to  a  circular  ot 
the  State  Department  of  the  United  States,  the  following  report: 

Consulate  of  the   Unitep  States  at  Guadeloupe, 

May  2j,  iSgi. 
Sir  :    I  have  the  honor  to  acknowedge  receipt  of  a  circular  dated  Washington, 
February  10,  1891,  wherein  there  are  interrogatories   concerning  public  lands. 
In  reply,  I  have  the  honor  to  inclose  herewith  the  answers  to  these  interrog- 
atories. 

I  am,  sir,  your  obedient  servant, 

Charles  Bartlett, 

V.  S.  Consul. 
Hon.  William  F.  Wharton, 

Assistant  "Secretary  of  State,  Washington,  D.  C. 
report  concerning  public  lands. 

(1)  What  are  the  laws  of  the  country  in  which  you  are  located  respecting 
the  sale  and  the  settlement  of  the  public  lands .? 

Answer.  There  are  no  laws  concerning  the  sale  of  public  lands ;  it  is  ac- 
quired, by  purchase,  with  great  difficulty;  it  first  has  to  be  advertised  in  the 
papers,  commodo  and  incommodo;  if  no  opposition  is  made  it  then  goes  before 
the  governor  and  his  privy  council;  if  they  decide  favorably  it  is  then  sent  to  the 


t 

I7G        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

ministry  in  France  for  their  decision.  It  is  only  in  rare  cases  that  Government 
land  has  been  purchased.  The  colonial  government  has  the  right  to  lease, 
and  generally  does  lease  the  public  land  for  a  term  of  years ;  but  in  this  case  it 
has  to  be.advertised  in  the  local  papers,  commodo  and  incommodo,  and,  if  no 
opposition  be  made,  it  then  passes  before  the  governor  and  his  privy  council,  and 
almost  invariably  the  lease  is  granted. 

(2)  What  is  the  extent  of  the  unoccupied  Government  territory,  and  what 
is  its  character  ? 

Answer.  The  Government  owns  about  98,800  acres  of  land  in  the  moun- 
tains, all  of  it  covered,  with  the  exception  of  the  top  of  the  mountains,  with 
different  kinds  of  woods,  some  of  them  very  valuable  for  cabinetwork;  but  the 
cost  of  getting  it  to  market  is  greater  than  can  be  realized.  Therefore  it  is  of 
very  little  or  no  value  in  the  forests. 

The  colonial  government  also  owns  50  paces  from  high-water  mark  on  all 
lands  bordering  the  sea;  but  the  peopl?  owning  land  adjacent  to  these  50  paces 
have  the  free  use  of  said  50  paces,  unless  the  Government  wants  it  for  its  own 
use.  There  are  also  military  reserves  belonging  specially  to  the  military,  near 
the  forts,  and  also  a  small  tract  of  land  at  Camp  Jacob,  in  the  highlands  near 
Basse  Terre.  This  land  is  leased  in  small  lots,  with  the  reserve  that  if  it  be 
required  for  military  purposes  the  leaseholder  shall  remove  his  buildings  without 
any  redress  as  to  damages. 

All  the  land  adjacent  to  Fort  Union  is  leased  in  small  lots,  as  there  is  excel- 
lent sea  bathing. 

For  the  past  century  no  person  leasing  these  lots  of  land  has  been  disturbed 
by  the  military.  I,  myself,  have  a  lease  of  28  acres  of  land,  for  which  I  pay  1  5 
francs  a  year  to  the  Government;  and  the  other  lots  are  leased  at  about  the 
same  proportional  prices. 

(3)  Is  there  any  limit  to  the  amount  of  land  that  may  be  secured  by  purchase, 
lease,  or  colonization  ? 

Answer.   The  answer  to  the  second  interrogatory  will  cover  this. 

(4)  Are  there  preemption  or  homestead  laws.? 
Answer.    There  are  none. 

(5)  What   distinction   is    made    in    the   sale  or  settlement  oT  mining,  timber, 
.  mineral,  and  agricultureal  lands? 

Answer.  No  distinction.  There  are  no  mining  nor  mineral  lands,  excepting 
sulphur  in  the  mountains,  which  it  will  not  pay  to  work. 

(6)  What  is  the  price  and  recognized  value  of  such  lands? 

Answer.  The  price  of  leased  lands  is  very  low,  excepting  in  particular  locali- 
ties. 


APPENDIX.  177 

(7)  Is  any  distinction  made  in  the  public-land  laws  between  citizens  and 
aliens  ? 

Answer.  There  is  none;  but  if  a  French  citizen  and  a  foreigner  should  make 
applications  for  the  same  lot  of  land,  I  think  the  French  citizen  would  have  the 
preference. 

(8)  What  attempts  have  been  or- are  being  made  by  the  federal  Government 
or  the  provincial  authorites  to  encourage  immigration,  and  how  far  have  thev 
been  successful  ? 

Answer.  They  have  made  no  attempts  for  immigration  to  settle  up  the  public 
lands.  The  immigration  that  the  Government  has  had  anything  to  do  with 
is  that  of  the  coolies  for  laborers. 

(9)  Where  do  the  immigrants  come  from  and  what  is  their  character  and 
condition  ? 

Answer.  The  immigrants  come  from  Calcutta  or  Pondicherry,  and  are  field 
laborers  under  a  Government  contract  to  serve  on  the  plantations  for  the  term 
of  five  years,  at  the  expiration  of  which,  if  they  are  desirous  of  returning,  they 
are  sent  back  at  the  expense  of  the  colonial  government. 

CUBA. 

Many  efforts  have  been  made  at  various  times  in  the  island  of 
Cuba  to  attract  to  its  shores  the  beneficial  currents  of  foreign 
immigration.  They  have  succeeded  fully  in  so  far  as  securing 
the  settlement  in  the  country  of  a  large  number  of  citizens  of  the 
United  States  and  of  German  subjects,  who,  by  engaging  in  agri- 
culture and  commercial  business,  have  contributed  largely  to  the 
development  of  the  wealth  of  the  island.  As  there  are  no  public 
lands  in  Cuba  to  any  extent  worthy  of  mention,  no  measure  of  col- 
onization, properly  so  called,  has  been  accompanied  with  success. 
Colonization  must  be  undertaken  by  private  enterprise,  unless 
private  property  is  taken  by  the  Government  for  that  purpose — 
which  would  hardly  be  possible  under  the  laws  of  Spain  in  force 
in  Cuba — or  under  contracts  which  so  far  have  proven  to  be  little 
short  of  slavery. 

The  famous  royal  ordinance  of  October  21,  1817,  generally 
known  by  the  name  of  Real  cedvla  dc  colonizacibn  (royal  ordi- 
nance of  colonization),  is  well  known  in  the  United  States.  A 
Bull.  5;i 12 


1/8        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

translation  of  it  into  the  English  language  was  appended  to  a 
dispatch  of  Mr.  W.  L.  Sharkey,  consul  of  the  United  States  at 
Havana,  addressed  under  date  of  February  13,  1852,  to  Mr. 
Webster,  Secretary  of  State,  and  printed,  together  with  its  inclo- 
sure,  on  page  1 15  and  the  following,  of  Executive  Document  No. 
86  of  the  House  of  Representatives  of  the  United  States.  Thirty- 
third  Congress,  first  session. 

That  ordinance  settled  the  point,  exceedingly  important  tor 
Americans,  as  well  as  for  all  foreigners,  as  Mr.  Webster  very  aptly 
remarked,  that  settlement  in  the  island  of  Cuba  implies  in  no 
way  the  forfeiture  of  the  rights  of  citizenship  of  the  domiciled 
foreigners  in  their  respective  countries,  or  the  assumption  by  them 
of  any  obligations  inconsistent  therewith;  and  that  "  no  acts  should 
be  deemed  acts  of  expatriation  (on  the  part  ot  the  said  domiciled 
foreigners)  except  such  as  are  openly  avowed  and  fully  under- 
stood." 

The  following  is  the  text  of  that  memorable  ordinance : 

THE    KING. 

To  the  Governor  and  Captain-General,  Intendant  of  the  Army  and  of  the  Royal 

Treasury  of  the  Island  of  Cuba: 

Whereas,  in  your  letters  of  the  17th  and  18th  of  June  of  this  yea^r,  you  have 
endorsed  the  petition  submitted  through  you  by  the  city  council,  the  royal  con- 
sulate, and  the  Royal  Economical  Society  of  Havana,  to  the  effect  that  the 
privileges  granted  by' me  to  the  island  of  Puerto  Rico  by  royal  ordinance  of 
August  15,  1815,  be  also  granted  to  Cuba,  with  such  amendments  and  expla- 
nations as  are  therein  suggested;  and  whereas  in  the  said  petition  a  succinct 
statement  is  made  of  the  area  of  the  island,  the  number  and  circumstances  of 
its  inhabitants,  the  condition  of  its  agriculture,  and  the  scarcity  of  laborers,  it 
being  thereby  shown  that  one  of  the  most  important  portions  of  mv  roval 
dominions  is  now  practically  unpopulated  and  defenseless,  and  that  a  vast  area 
of  ground,  capable  of  yielding  the  fruits  which  are  most  coveted  by  other  nations, 
remains  uncultivated  and  idle ;  and  whereas  the  petitioners  aforesaid  say  that 
upon  the  most  careful  and  mature  consideration  of  this  subject,  whose  magni- 
tude is  so  apparent,  they  can  discover  no  other  remedy,  capable  of  meeting  in  the 
proper  way  all  the  requirement    of  the  situation  and  of  satisfying   the  c.ifFerent 


APPENDIX.  179 

aspirations,  than  the  increase  of  the  white  population,  by  inducing  Spaniards  from 
Peninsular  Spain  and  from  the  Canary  Island  to  come  to  Cuba,  and  in  default 
of  these  European  Catholics,  from  any  nation  whatever  friendly  to  Spain ; 
and  whereas  you  have  recommended  the  said  petition,  and  stated  that  the  grant- 
ing thereof  is  very  necessary  for  the  preservation  and  welfare  of  an  island  so 
valuable  as  Cuba,  I  have  therefore  been  pleased,  upon  the  proper  consideration 
and  report  of  all  the  authorities  concerned,  to  decide  and  decree  as  follows: 

Article  1.  All  foreigners  from  countries  or  nations  at  friendship  with  me,  who 
are  already  settled,  or  may  hereafter  desire  to  settle,  in  the  island  of  Cuba,  must 
establish,  by  the  proper  means,  before  the  Government  thereof,  that  they  profess 
the  Roman  Catholic  religion,  and  without  this  indispensable  circumstance  they 
shall  not  be  allowed  to  settle  there;  but  my  subjects  from  these  dominions,  or 
the  Indies,  shall  not  be  obliged  to  do  so,  as  there  can  exist  no  doubt  in  regard 
to  their  religious  principles. 

Art.  2.  From  the  foreigners  that  should  be  admitted,  in  conformity  with  the 
previous  article,  the  governor  shall  receive  the  oath  of  fidelity  and  allegiance, 
otfering  to  comply  with  the  laws  and  general  regulations  of  the  island  to  which 
Spaniards  are  subjected. 

Art.  3.  After  the  foreign  settlers  have  been  residing  five  years  on  the  island, 
and  after  binding  themselves  to  remain  there  perpetually,  they  shall  be  granted 
all  the  rights  and  privileges  of  naturalization,  and  the  same  to  the  children  that 
they  may  have  taken  there  with  them,  or  that  may  be  born  on  the  island;  and 
they  may"  be  admitted  to  all  public  and  military  employments,  according  to  the 
talent  or  capability  of  each. 

Art.  4.  No  tax  per  head  or  personal  tribute  shall  ever  be  imposed  upon 
the  white  settlers;  they  shall  only  pay  for  their  negro  or  mulatto  slaves  at  the 
rate  of  one  dollar  per  year  for  each  slave,  after  ten  years  of  residence  on  the 
island.     This  rate  slAU  never  be  increased. 

Art.  5.  Within  the  first  five  years  the  Spanish  and  foreign  colonists  shall  be 
at  liberty  to  return  to  their  countries  or  former  residences;  and  in  such  cases 
they  shall  be  permitted  to  take  away  from  the  island  all  the  moneys  or  property 
that  they  took  there,  without  paying  export  duties ;  but  on  the  increase  of 
property  they  must  pay  the  per  centum. 

Art.  6.  I  grant  to  the  old  and  new  colonists  dying  on  the  isian  w  tnout 
necessary  ^eirs  (heredicos  forsosos)  the  privilege  of  leaving  their  property  to  their 
relations  or  friends,  wheresoever  they  maybe;  and  if  their  successor  snould  de- 
sire to  settle  on  the  same,  thev  shall  enjoy  the  rights  granted  to  the  testator; 
but  should  they  prefer  to  take  away  the  inheritance,  they  may  do  so  by  paying 
upon  the  total  fifteen  per  cent  for  exportation  duty,  if  it  take  place  after  five 
years  residence  of  the  testator  on  the  island,  and  if  before  the  expiration  of  that 


l80         LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

time  they  shall  pay  only  ten  per  cent,  in  conformity  with  what  is  ordained  in  the 
preceding  article.  The  parents,  brothers,  or  relatives  of  settlers  dying  intestate 
shall  inherit  the  whole  of  their  property,  even  if  they  reside  in  foreign  countries, 
on  the  condition  of  coming  to  settle  on  the  island,  if  they  are  Catholics;  but  if 
they  can  not  or  will  not  settle  there,  then  1  permit  them  to  dispose  of  their 
inheritance  by  sale  or  cession,  according  to  the  rules  explained  in  the  two  pre- 
ceding articles. 

Art.  7.  I  likewise  grant  to  foreign  colonists  holding  landed  property  on  the 
island  that,  in  conformity  to  the  Spanish  laws,  they  may  leave,  by  will  or  other 
disposition,  the  real  property  they  may  be  possessed  of,  and  not  admitting  of 
easy  division,  to  one  or  more  of  their  children,  provided  no  injury  be  thereby 
caused  to  the  rights  of  the  others  or  of  the  testator's  widow. 

Art.  8.  Any  settler  that,  on  account  of  lawsuits  or  other  urgent  and  just 
motives,  should  need  to  go  to  Spain,  other  provinces  of  my  Indies,  or  to  foreign 
dominions,  shall  ask  permission  of  the  governor,  and  may  obtain  it,  provided 
it  be  not  to  unfriendly  countries  or  to  carry  away  his  property. 

Art.  9.  Colonists,  Spanish  as  well  as  foreign,  shall  be  free,  for  the  term  of 
fifteen  years,  from  the  payment  of  tithes  upon  the  products  of  their  lands;  and 
after  the  expiration  of  that  time  (which  must  be  reckoned  from  the  date  of  the 
decree)  they  shall  pay  only  two  and  a  half  per  cent,  which  is  one-fourth  of  the 
tithe.  • 

Art.  10.  They  shall  also  be  exempt  from  the  payment  of  royal  alcabala  dues 
on  the  sales  of  their  products  and  commercial  effects  for  the  term  mentioned, 
and  after  the  expiration  of  it,  only  two  and  a  half  per  cent ;  but  everything 
shipped  by  them  on  Spanish  vessels  bound  for  these  kingdoms  shall  be  forever 
free  of  all  export  dues. 

Art.  11.  As  all  the  colonists  must  be  armed,  even  in  time  of  peace,  to  be 
respected  by  their  slaves  and  to  resist  any  invasion  or  attack  by  pirates,  I  declare 
that  this  obligation  must  not  be  considered  as  binding  them  to  serve  in  the  reg- 
ular army, — that  it  will  be  sufficient  for  them  to  present  their  arms  every  two 
months  at  the  review  made  by  the  governor,  or  officer  deputed  for  the  purpose; 
but  in  time  of  war  or  mutiny  of  slaves  they  shall  contribute  to  the  defence  of  the 
island,  according  to  the  measures  that  its  chief  may  deem  proper  to  take. 

Art.  12.  Vessels  of  any  size  or  build  whatsoever,  belonging  to  old  settlers, 
must  be  taken  to  the  island,  and  after  being  registered  shall  be  con'sidered  as 
Spanish,  and  also  such  as  they  may  acquire  in  foreign  countries  by  purchase  or 
other  legitimate  title;  and  these  shall  be  exempt  from  duties  as  foreign  vessels, 
or  for  being  registered.  Those  settlers  who  may  be  desirous  of  building  vessels 
on  the  island  shall  be  permitted  by  the  Government  to  cut  and  use  the  necessary 


APPENDIX.  181 

wood,  except  only  such  as  may  be  destined  for  building  vessels  for  my  royal 
■  navv. 

Art.  13.  Foreigners  that  may  hereafter  go  to  the  island  with  the  intention  of 
ettiing  on  it  must  prove  that  they  profess  the  Roman  Catholic  religion ;  must 
make  known  to  the  Government  the  trade  or  honest  and  useful  profession  to 
which  thev  intend  to  apply  themselves,  and  the  property  or  moneys  they  import ; 
which  they  shall  be  permitted  to  take  away  again,  free  of  duty,  if  within  the 
rirst  five  years  they  should  so  determine,  to  their  countries  or  former  residences. 

Art.  14.  After  the  Government  has  declared  the  colonist  to  be  of  admissible 
circumstances,  a  record  shall  be  kept  of  his  name,  country,  family,  profession  or 
trade;  the  district  or  jurisdiction  in  which  he  intends  to  settle,  and  the  amount 
of  money  or  property  that  the  settler  may  state  to  be  his;  after  which  a  dom- 
iciliary letter  shall  be  issued  in  his  favor,  an  oath  of  faithfulness  and  allegiance 
being  first  received,  wherein  he  shall  promise  to  comply  with  the  laws  and  reg- 
ulations to  which  Spaniards  are  subjected. 

Art.  1  5.  A  record  shall  be  kept  at  the  office  of  the  Royal  Treasury  of  the 
domiciliary  letters,  expressing  in  it  the  property  or  moneys  stated  by  the  settler, 
as  a  knowledge  must  be  had  for  the  case  of  their  being  again  exported ;  and 
also  by  the  council  of  the  district,  and  by  the  commandant  and  justice  thereof, 
without  causing  to  the  settler  any  expense  for  these  proceedings,  or  charging 
him-  any  fees  whatsoever. 

Art.  16.  The  domiciliary  letters  shall  authorize  colonists  to  be  considered 
as  residents  of  the  island,  and  their  persons  and  property  shall  enjoy  the  same 
inviolability  as  those  of  old  residents.  From  the  courts  they  shall  receive  good 
treatment  and  justice,  and  from  the  other  residents  all  the  aid  and  favor  they 
deserve  of  for  their  qualities  and  good  behaviour.  They  shall  also  always  have 
the  liberty  of  applying  to  the  Government,  and  of  receiving  its  protection,  if  any 
injury  or  detriment  should  be  done  to  them. 

Art.  1 7.  Foreign  colonists,  after  obtaining  the  domiciliary  letter,  may  acquire 
all  kinds  of  landed  property  on  the  island  in  town  or  country,  with  the  same 
requisites  and  privileges  as  the  Spanish  residents.  They  shall  be  permitted  to 
change  their  residences,  or  to  remove  from  one  district  to  others,  with  the  knowl- 
edge of  the  respective  territorial  authorities.  Those  having  useful  trades  or 
industry  shall  be  allowed  to  settle  and  exercise  it  wherever  it  may  suit  their  con- 
venience, with  knowledge  of  the  authorities. 

Art.  18.  Foreign  colonists  Ccin  not,  during  the  first  five  years  of  residence, 
emplov  themselves  personally  in  maritime  commerce,  nor  have  shops  or  stores, 
nor  be  owners  of  vessels.  But  they  may  be  interested  in  company  or  copartner- 
ship in   the  mercantile  transactions  of  Spaniards'j^and  the  contracts  made  by 


l82         LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

them  with  these,  verbally  or  in  writing,  shall  have  the  same  value  and  legal 
force  as  if  they  were  between  one  Spaniard  and  another. 

Art.  19.  The  liberty  of  foreign  colonists  to  return  to  their  countries  or  for- 
mer residences  during  the  first  five  years  is  absolute,  unlimited,  and  without  con- 
ditions.    They  may  take  away  their  property  or  dispose  of  it  as  they  think  fit. 

Art.  20.  In  case  of  war  with  the  country  of  which  domiciliated  foreigners 
are  natives,  they  shall  not  lose  the  rights  and  advantages  of  their  residence  on 
the  island  of  Cuba.  Even  if  the  first  five  years  have  not  elapsed,  their  property 
shall  not  be  subjected  to  embargo,  sequestration,  nor  any  of  the  ordinary  or 
extraordinary  measures  of  the  state  of  war.  Those  who,  notwithstanding  the 
war,  should  desire  to  remain  on  the  island  to  complete  the  five  years  and  be- 
come naturalized,  shall  be  permitted  freely  to  do  so,  if  known  to  be  of  good 
character  and  habits.  Those  preferring  to  leave  the  island  shall  be  allowed 
sufficient  time  to  conveniently  arrange  their  affairs  and  dispose  of  their  prop- 
erty; being  permitted  to  take  away,  free  of  duty,  such  property,  or  the  equiva- 
lent thereof,  as  they  introduced  into  the  island,  and  paying  on  the  excess  the 
ten  per  cent  stated  in  the  16th  article. 

Art.  21.  Domiciliated,  as  well  as  naturalized  colonists,  may  dispose  of  their 
property  by  will,  or  in  any  other  authentic  form;  in  case  of  death,  their  wills 
shall  be  religiously  fulfilled;  should  they  die  without  will  or  testament,  their 
children  or  nearest  relatives  shall  be  their  legitimate  heirs,  with  the  same  rights 
the  deceased  had. 

Art.  22.  It  is  declared  that  there  never  shall  be  put  into-practice  on  the  island 
of  Cuba  the  rights,  usages,  or  customs  known  in  other  nations  under  the  name 
of  aubaine  escheatage,  or  others  by  which  the  Government  and  Treasury  seques- 
ters the  property  of  foreigners  at  their  death;  which  rights  or  customs,  though 
they  may  be  applied  in  cases  of  transient  passengers,  shall  never  be  understood 
or  applied  to  these  that  are  domiciliated. 

Art.  23.  Within  the  five  years  of  residence  the  colonists  shall  not  be  sub- 
jected to  any  contributions  whatever,  nor  to  the  residence  taxes  established  in 
the  circular  of  1st  December,  1815,  except  only  in  the  case  of  public  calami- 
ties, dangers  to  the  country,  and  defence  of  the  coast  against  robbers  or  pirates ; 
in  which  extraordinary  events,  or  other  similar  ones,^all  must  lend  their  aid  and 
favor,  according  to  the  well-known  principles  of  natural  and  international  law. 

The  above  ordinance  of  colonization  was  supplemented  on  the 
4th  of  July,  1870,  by  the  Ley  de  Extranjeria,  statute  on  aliens, 
which  is  still  in  force  in  the  island  of  Cuba,  and  reads  as  follows: 


APPENDIX.  183 

REGENCY    OF    THE    KINGDOM,    DEPARTMENT    OF    THE    COLONIES. 

Laws. 

I,  D.  Francisco  Serrano  y  Dominguez,  regent  of  the  kingdom  by  the  will  of 
the  sovereign  Cortes,  to  all  those  who  shall  see  and  hear  the  present  greeting: 
Know  ye  that  the  Cortes  c^f  the  Spanish  nation,  making  use  of  their  power,  have 
decreed  and  approved  the  following : 

Title  I. — Aliens  and  their  residences. 

Article  1.   Are  aliens — 

(1)  All  persons  born  of  alien  fathers  outside  of  the  Spanish  territory. 

(2)  Those  born  outside  of  the  Spanish  territory  of  alien  father  and  Spanish 
mother,  while  they  do  not  claim  Spanish  citizenship. 

(3)  Those  born  on  Spanish  territory  of  alien  parents,  or  of  alien  father  and 
Spanish  mother,  while  they  do  not  make  such  claim. 

(4)  Spaniards  who  have  lost  their  citizenship. 

(5)  Those  born  outside  of  the  Spanish  territory  of  fathers  who  have  lost 
their  Spanish  citizenship. 

(6)  Spanish  woman  married  to  an  alien. 

The  national  ships  are  considered  as  part  of  the  Spanish  dominion. 

Art.  2.  Aliens  who  according  to  laws  obtain  naturalization  papers,  or  acquire 
residences  in  any  township  of  the  Spanish  colonies,  are  regarded  as  Spaniards. 

Art.  3.  Aliens  can  enter,  reside,  and  establish  themselves  freely  in  the  terri- 
tory of  the  Spanish  colonies.  They  will  be  divided  into  residents,  transients, 
and  emigrates,  will  pay  the  rights  and  duties  this  law  provides  for,  and  besides 
will  be  subject  to  all  the  laws  and  regulations  in  force  in  those  provinces. 

The  residents  are  those  who  keep  open  house  or  have  resided  three  years  in 
the  province,  or  are  inscribed  in  the  register  as  residents. 

The  transients  are  those  who  have  none  of  the  precedent  qualifications. 

The  emigrates  are  those  who,  wanting  the  same  qualifications,  are  not  in- 
scribed in  the  register  as  transients  and  have  resided  for  over  three  months  in 
the  province. 

Art.  4.  Aliens  arriving  on  the  Spanish  territory  of  the  colonies,  and  who 
desire  to  be  inscribed  in  the  register  as  residents  or  transients,  must  present  to 
the  civil  authority  of  the  place  the  passport  or  corresponding  document  identi- 
fying their  person. 

Should  they  not  have  any,  the  testimony  of  witnesses  will  be  taken  before  the 
same  authority. 

The  one  or  the  other  can  be  done  before  the  respective  consuls,  who,  in  such 
case,  will  send  to  the  civil  authority  the  proper  evidence  full  and  authenticated. 


184        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Art.  5.  The  alien  who  shall  not  identify  himself  by  any  of  the  means  pre- 
scribed in  the  anterior  article  will  be  considered  as  emigrate  after  three  months' 
residence. 

Art.  6.  The  provisions  of  article  4  being  accomplished,  a  certificate  will  be 
issued  to  the  alien,  so  that  the  identity  of  his  person  may  be  accredited  in  any 
part  of  the  territory  he  chooses  to  go  to;  in  the  mean  time  he  will  be  inscribed 
in  the  register  of  aliens  and  receive  the  corresponding  instrument. 

Art.  7.  Any  alien  residing  in  the  colonial  provinces,  to  be  considered  as  such 
according  to  this  law,  will  have  to  be  inscribed  in  the  registry  of  aliens  kept  to 
that  effect  by  the  superior  civil  governments  and  by  the  consulate  of  his  nation. 

When  there  is  more  than  one  consulate  of  the  same  nation  in  the  territory,  it 
will  be  kept  by  the  one  residing  in  the  capital;  and  when  there  is  none  in  the 
capital,  by  the  one  designated  by  the  superior  civil  governor. 

Art.  8.   These  registries  shall  contain — 

The  name,  age,  birthplace,  state,  and  profession  of  the  interested  party,  his 
quality  of  resident,  transient,  or  emigrate. 

The  place  of  his  residence. 

The  kind  of  business  done  by  him. 

The  family  accompanying  him. 

And  any  other  circumstances  serving  to  determine  his  civil  state. 

Art.  9.  The  registry  of  the  consulates  will  have  no  legal  effect  unless  it 
conform  to  the  one  of  the  superior  civil  government. 

Art.  10.  The  inscription  in  the  registry  will  be  made  according  to  the  doc- 
uments for  the  identification  of  his  person  presented  by  the  person  who  requests  it. 
In  absence  of  documents,  the  interested  party  will  be  allowed  to  make  a  declara- 
tion by  witnesses. 

Art.  1 1.  The  inscription  in  the  registry  being  made,  the  interested  party  will 
be  furnished  with  an  instrument  showing  his  name,  age,  birthplace,  state,  and 
profession;  his  quality  of  resident,  emigrate  or  transient,  and  accordingly  the 
place  of  his  residence. 

This  instrument  shall  be  used  by  the  interested  party  to  accredit  the  authen- 
tication of  his  person  and  to  reside  and  travel  freely  on  the  whole  Spanish 
territory. 

Art.  1 2.  The  alien  who  shall  not  desire  to  go  to  capital  of  the  territory 
shall  request,  through  the  civil  authority  in  the  town  in  which  he  wishes  to  reside 
or  establish  himself,  his  inscription  in  the  registry  of  aliens,  to  which  effect  he 
will  furnish  said  authority  with  the  documents  identifying  his  person,  or  give 
the  information  stated  in  article  10. 

Art.  13.  The  documents  or  acts  of  inforrtiation  will  be  forwarded  in  the  orig- 
inal, within  eight  days,  to  the  superior  civil  governor,  who  will  order  the  inscrip- 


APPENDIX.  185 

tion  to  be  made  in  the  registry,  the  corresponding  instrument  to  be  issued,  and 
the  whole  to  be  sent  to  the  interested  party  through  the  same  channel. 

These  acts  shall  be  executed  within  fifteen  days  from  the  date  of  the  reception 
of  the  document  by  the  Government. 

Art.  14.  The  information  of  witnesses,  the  acts  of  remitting,  and  all  other 
matters  necessary  to  the  inscription  in  the  registries,  as  also  the  certificate  pro- 
vided in  article  6,  and  the  instrument  referred  to  in  article  11,  shall  be  made 
and  forwarded  officially  and  without  charges. 

Art.  15.  Legally,  the  town  where  the  alien  keeps  open  house  or  where  he 
resides  after  the  three  years'  residence  in  the  province,  shall  be  considered  as  his 
domicile. 

When  he  keeps  open  house  in  two  or  more  towns,  he  will  appoint  one  as 
his  domicile. 

Art.  16.  When  an  alien  changes  from  emigrate  to  transient  or  resident,  or 
from  transient  to  resident,  or,  if  resident,  changes  his  residence,  he  shall,  personally 
or  through  the  local  authority,  inform  the  superior  civil  government  of  it,  and 
also  return  his  papers,  so  that  proper  annotations  may  be  made  in  them  and  in 
the  registry. 

The  delay  for  the  performance  of  said  acts  shall  be  the  same  as  the  one  fixed 
in  article  13. 

Art.  17.  Permit  of  residence  shall  be  asked  of  the  city  council  or  local  au- 
thority of  the  town  in  which  the  alien  desires  to  fix  himself,  stating  his  motive 
and  object,  and  his  conditions  and  circumstances. 

The  petitioner  will  be  allowed  to  appeal  to  the  superior  civil  governor  from 
the  decision  of  the  local  authority  or  city  council,  who  shall  decide  in  last  resort. 

Art.  18.  All  demands  for  residence  shall  be  decided  by  the  local  authority  or 
city  council  within  1  5  days,  after  which  the  residence  shall  be  taken  as  granted 
without  decision. 

The  appeal  to  the  superior  civil  governor  against  refusal  of  residence  shall 
be  decided  within  a  month  from  the  day  of  the  receipt  by  the  governor  of 
the  appeal  request.  After  one  month  has  passed  without  decision  the  residence 
shall  be  taken  as  granted  and  the  decision  appealed  from  annulled. 

Art.  19.  No  alien  can  be  inscribed  as  resident  in  the  registry  of  the  civil 
government,  nor  the  place  claimed  by  him  be  stated,  unless  he  proves  conclu- 
sively that  said  residence  has  been  granted  to  him. 

Art.  20.   Aliens  transient  can  reside  where  they  like. 

Notwithstanding  this,  when  the  residents  in  a  certain  place  can,  by  their 
number,  their  origin,  or  other  circumstances,  endanger  the  friendly  relations  of 
Spain  with  another  nation,  the  government  or  the  superior  authority  of  the 
province  shall  have  power  to  select  for  them  another  place  of  residence. 


l86        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Art.  2  1.  Emigrates  shall  reside,  while  they  are  such,  at  the  place  selected  bv 
the  superior  civil  governors,  and' the  Spanish  Government. 

In  the  mean  time,  they  will  be  under  the  vigilance  of  the  political  authoritv 
of  the  town  where  they  first  present  themselves,  which  shall  fix  the  place  of 
residence  and  report  immediately  to  the  superior  civil  governor. 

Art.  22.  Emigrates  entering  the  Spanish  territory  with  arms  shall  be  dis- 
armed at  once. 

Art.  23.  The  superior  civil  governors,  in  their  immediate  report  to  the  gov- 
ernment, shall  decide,  besides  the  place  of  residence  of  the  emigrates,  whether 
thev  have  to  be  kept  in  depot  or  receive  assistance. 

Art.  24.  Emigrates  who  do  not  identify  their  persons  shall  not  be  inscribed 
in  the  registry  of  aliens  until  the  proviso  in  the  following  article  has  been  com- 
plied with. 

In  the  mean  time  they  shall  figure  in  a  special  list  with  the  names  and  cir- 
cumstances declared  by  them.  To  that  effect  the  authorities  to  whom  they  first 
present  themselves  shall  be  careful  to  forward  with  all  dispatch' the  correspond- 
ing reports  to  the  superior  civil  governors. 

Art.  25.  In  the  case  referred  to  in  the  preceding  article,  the  Spanish  Gov- 
ernment, or  in  its  name  the  superior  civil  governors,  shall  ask  of  the  nations 
from  which  the  emigrates  declare  they  came  the  necessary  information  to  verify 
the  truth  of  the  statements  given  bv  them. 

Art.  26.  An  emigrate  shall  pass  to  the  class  of  transient  or  resident  within 
six  months  of  his  arrival  on  the  Spanish  territory  or  before,  should  he  so  de- 
mand, and  should  his  person  have  been  identified. 

Art.  27.  Emigrates  who  within  six  months  of  their  arrival  on  Spanish  terri- 
tory shall  not  have  been  identified,  or  of  whom  nothing  certain  is  known,  not- 
withstanding that  the  informations  referred  to  in  article  25  have  been  asked  for, 
shall  be  inscribed  according  to  the  statements  furnished  by  them. 

Art.  28.  The  emigrate  who  cannot  identify  his  person  and  lies  in  regard  to 
his*name  and  circumstances  shall  be  liable  to  be  expelled  from  the  Spanish  ter- 
ritory by  order  of  the.  government  or  of  the  superior  civil  governor  of  the 
province. 

Any  one  who,  to  identifv  his  person,  shall  offer  false  documents  or  give  false 
information,  shall  also  be  liable  to  be  expelled.  In  this  case  there  shall  be  crim- 
inal process  and  in  accordance  with  the  laws  against  the  Spaniards  who  in  any 
way  have  taken  part  in  the  offense. 


APPENDIX.  187 

Title  II, —  Of  the  poUtual  condition  of  aliens. 

Art.  29.  Aliens  who,  in  accordance  with  this  law,  reside  in  the  Spanish  colo- 
nial provinces  shall  be  entitled — 

To  the  security  of  their  persons,  properties,  residences,  and  correspondences 
in  the  way  established  by  the  laws  for  the  Spaniards. 

To  meet  and  associate,  in  the  cases  and  under  the  conditions  established  for 
the  Spaniards,  and  provided  their  object  be  not  a  hostile  one  to  the  states  which 
are  on  friendly  terms  with  Spain. 

To  express  and  publish  their  ideas  in  accordance  with  the  laws  in  force  thereon 
with  the  Spaniards  and  with  the  restriction  given  in  the  anterior  paragraph. 

And  to  send  petitions  to  the  public  officers  and  authorities  in  the  way  pro- 
vided by  the  laws  for  the  Spaniards. 

Art.  30.  Any  alien  shall  have  the  right,  in  the  Spanish  colonial  territories,  to 
practice  publicly  or  privately  any  kind  of  religious  creed,  without  any  other 
restrictions  than  the  universal  rules  of  moral  and  right. 

Art.  31.  No  alien  can  be  an  elector,  nor  is  eligible  for  public  offices  by  pop- 
ular election. 

Art.  32.   No  alien  can — 

Fill  any  office,  although  not  of  popular  election,  which  is  connected  with 
authority  or  jurisdiction. 

Obtain  any  ecclesiastical  charge. 

Receive  any  of  the  public  employments  not  connected  with  authority  or  juris- 
diction, unless  he  enter  the  service  of  Spain  with  the  permission  of  his  respec- 
tive government,  or  should  this  circumstance  not  occur,  he  be  specially  qualified 
for  it  by  the  Spanish  Government. 

In  the  last  case,  the  alien  shall  be  required,  before  taking  possession  of  the 
position,  to  renounce  the  protection  of  his  country  in  all  that  refers  to  the 
exercise  of  his  charge. 

Ab.t.  33.  All  those  considered  as  aliens  according  to  this  law,  will  hax*  u> 
pay  all  taxes  of  all  kinds  corresponding,  in  accordance  with  law,  with  the  reg- 
ulations and  tariffs  on  the  industry  or  business  they  exercise. 

Residents  will  be,  besides,  subject  to  all  provincial  and  municipal  taxes,  and 
to  the  ordinary  and  extraordinary  donations,  loans,  and  personal  taxes. 

Art.  34.  The  real  or  personal  property  belonging  to  any  class  whatever  of 
aliens,  although  they  do  not  reside  on  Spanish  territory,  shall  be  subject  to  all 
the  taxes  charged  on  the  same  kind  of  property  belonging  to  Spaniards. 

Art.  35.   Aliens  shall  be  exempt  from  filling  municipal  positions. 

Are  excepted  residents  with  open  business  for  themselves,  who  shall  be  sub- 
ject to  the  taxes  on  lodgings  and  baggages. 


l88        LAWS    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Art.  36.  Resident  aliens  shall  have  the  right  to  enjoy  all  ordinary  improve- 
ments of  the  towns  in  which  they  reside. 

Art.  37.  None  of  those  considered  as  aliens  bv  this  law  shall  be  subject  to 
military  service. 

Title  III. — Of  the  civil  condition  of  aliens. 

Art.  38.  Aliens  shall  be  allowed  to  acquire  and  own  in  the  Spanish  colonial 
territory  all  kinds  of  real  and  personal  property. 

Art.  39.  Any  alien  shall  be  allowed  to  exercise  freely  in  the  Spanish  colonial 
provinces  any  kind  of  industry  in  accordance  with  the  legislation  in  force,  and 
devote  himself  to  any  profession  for  the  practice  of  which  the  laws  do  not 
require  titles  of  ability  issued  by  the  Spanish  authorities. 

Art.  40.  x-^liens  shall  be  allowed  to  carry  on  wholesale  or  retail  business,  but 
subject  to  the  commercial  code,  and  the  other  laws,  regulations,  or  dispositions 
governing  the  matter. 

The  prohibitions  in  existence  regarding  the  discharge  of  public  mercantile 
functions  by  aliens  remain  in  force  for  the  present. 

Art.  41.  Aliens  shall  be  subject  to  the  Spanish  laws  and  courts  for  offenses 
committed  on  Spanish  territory. 

Art.  42.  They  shall  be  also  subject  to  said  laws  and  courts  in  all  demands 
presented  for  or  against  them  for  the  fulfillment  of  obligations  contracted  inside 
and  outside  of  Spain  in  favor  of  Spaniards,  or  relative  to  property  or  possession 
of  goods  found  on  Spanish  territory. 

Art.  43.  The  Spanish  courts  shall  also  be  competent  to  take  and  shall  take 
cognizance  of  demands  between  aliens  brought  before  them  relative  to  the  ful- 
fillment of  obligations  contracted  or  executed  in  Spain. 

Art.  44.  In  intestate  cases  of  aliens  the  judicial  authority  of  the  town  in 
which  the  death  occurs,  together  with  the  nearest  consul  of  the  nation  to  which 
the  deceased  belonged,  or  with  the  person  appointed  by  the  consul  in  his  sjcead, 
shall  take  the  inventory  of  the  property  and  goods  and  shall 'take  the  necessary 
steps  to  have  them  placed  under  custody  and  at  the  disposal  of  the  heirs. 

Should  the  alien  be  a  resident,  and  should  he  die  outside  of  his  place  of  resi- 
dence, the  judge  of  the  last  place,  to  whom  ;iotice  will  be  sent  by  the  judge  of 
the  place  where  the  death  occurred,  shall  comply  with  the  requirements  in  the 
preceding-  paragraph  in  regard  to  the  property  and  goods  of  the  deceased  there. 

Should  there  be  no  consul  in  the  town  where  the  death  occurred  or  where  he 
resides,  the  judicial  authority,  while  awaiting  the  presence  of  the  consul,  who 
shall  be  advised  immediately,  or  of  his  delegate,  shall  take  only  the  necessary 
means  to  guard  the  property  and  goods. 


APPENDIX.  189 

Art.  45.  With  intestates,  as  well  as  with  the  testamentary  successions  of 
aliens,  the  Spanish  courts  shall  only  take  cognizance  of  the  claims  and  demands 
referred  to  in  the  preceding  articles. 

Art.  46.  In  other  matters  for  or  against  aliens,  the  Spanish  courts  shall  only 
be  competent  to  adopt  urgent  and  provisional  means  of  precaution  and  security. 

Art.  47.  The  aliens,  as  such,  shall  enjoy  no  special  right  or  privilege,  and 
shall  accordingly  be  subject  to  the  same  courts  to  which  the  Spaniards  are  subject 

Title  IV. — Of  foreign  ships. 

Art.  48.    Criminals   or   offenders    in  common    offenses    shall   not  be  allowed 
to   take  refuge  on  the  foreign  mercantile  ships  anchored  in  Spanish  ports;  and 
should  they  do   so,  the   Spanish    authorities   shall   proceed  to  their  extradition 
after  advising  the  respective  consul,  if  there  be  one,  or  according  to  the  provi- 
sions of  the  respective  international  treaties  in  existence. 

Art.  49.  All  foreign  ships  shall  be  allowed  to  enter  Spanish  ports  of  the 
colonies. 

Those  compelled  to  enter  shall  be  helped  by  Spanish  authorities. 

Art.  50.  The  Spanish  authorities  shall  interfere  in  any  excess,  disorder,  Of 
tumult  occurring  on  a  foreign  ship  anchored  in  a  Spanish  port,  when  they  believe 
that  it  may  affect  the  internal  or  external  security  or  the  peace  of  the  territory. 

In  any  other  case  they  shall  interfere  only  when  the  captain  of  the  ship 
claims  their  help. 

Art.  51.  Deserters  from  the  crew  of  foreign  ships  anchored  in  a  Spanish 
port  of  the  colonies  shall  be  returned  on  board  by  the  Spanish  authorities  when 
caught. 

Art.  52.  In  the  case  of  shipwreck  of  a  foreign  ship  the  marine,  assisted  by 
the  other  authorities,  and  with  the  consent  of  the  captain  or  officer  of  the  ship 
and  of  the  respective  consul,  should  there  be  one,  shall  proceed  to  take  all  the 
necessary  steps  for  saving  the  ship. 

Art.  53.  In  the  case  referred  to  in  the  preceding  article,  only  the  costs  of 
salvage  shall  be  demanded,  and  according  to  the  rates  fixed  for  Spanish  ships. 

Art.  54.  Any  fault,  neglect,  or  omission  on  the  part  of  the  Spanish  author- 
ities regarding  the  assistance  referred  to  in  the  preceding  article  shall  render 
them  responsible  before  the  Spanish  Government,  but  it  shall  not  give  right  to 
any  kind  of  indemnity  to  those  who  think  themselves  injured,  except  when  pro- 
vided tor  in  treaties. 


190  LAW    RELATING    TO    IMMIGRATION    AND    PUBLIC    LANDS. 

Title  V. —  General  dispositions. 

Art.  55.  The  disposions  of  this  law  do  not  refer  to  foreign  representatives 
or  to  the  persons  depending  on  them  as  such. 

Art.  56.  The  laws  and  dispositions  in  existence  until  now  are  hereby  re- 
pealed, when  in  contradiction  to  the  prescriptions  of  this  law. 

Art.  57,  The  colonial  minister  shall  make  such  rules  and  regulations  as  may 
be  necessary  for  the  proper  fulfillment  of  the  provisions  of  the  present  law,  and 
take  furthermore  all  other  measures  required  to  secure  the  same  result. 

I  do  therefore  by  these  presents  order  and  command  all  courts,  justices,  gov- 
ernors, and  authorities  of  all  classes  and  ranks,  whether  civil,  military,  or  eccles- 
iastical, to  cause  the  above  law  to  be  enforced  and  obeyed  in  every  respect. 

San   Ildefonso,  July  4,  1 8 JO. 

Francisco  Serrano. 

By  the  Regent : 

Segismundo  Moret  y  Prendergast, 

Secretary  of  the  Colonies. 


INDEX. 


A. 

Pape. 

Adamson,  Thomas,  consul-general  at  Panama,  report  on  immigration  and  public 

lands ■. . 53 

_ricultural  premiums,  law  in  Paraguay 130 

.vppendix  (British  Guiana,  Dutch  Guiana,  Guadeloupe,  Cuba) 167 

Arce,  president  of  Bolivia,  protection  for  colonists  against  Indians 21 

Argentine  Republic: 

Administration  of  colonies 10 

Agricultural  implements,  seeds,  etc.,  free  of  duty 10 

Andine  Railroad  in  province  of  San  Luis 20 

Area  of  provinces  and  territories  and  of  lands  under  cultivation 15 

Bureau  of  Immigration 3 

Cattle  trade  of  province  of  Salta  with  Chile  and  Bolivia 19 

Colonies  exempted  from  direct  taxation 10 

Colonization  companies,  bonds  to  be  given 9 

Colonization,  regulations  governing 7 

Constitutional  provision  as  to  rights  of  aliens i 

Copper  in  province  of  Catamarca 20 

Cordoba,  cit)'  of,  and  capital  of  province  of  Cordoba iS 

Dulce  River,  province  of  Santiago    18 

Employment  bureaus 4 

Exemption  of  property  of  immigrants  from  duty 5 

Freedom  of  education  2 

Freedom  of  the  press 2 

Freedom  of  worship 2 

General  review  of  conditions  governing  immigration I 

Immigration  fund 6 

Land  laws 11 

Lands  for  colonists 7 

Law  of  immigration  and  colonization 3 

Manual  for  immigrants,  by  M.  A.  Pelliza,  official 10 

Moneys  advanced  to  colonies  by  the  Government 8 

Naturalized  citizens  exempted  from  military  service. .    3 

Parana  River,  province  of  Santa  Fe '7 

Petroleum,  deposits  in  province  of  Injuy 19 

191 


192  INDEX. 

Argentine  Republic — Continued.  Page. 
Provinces — 

Buenos  Aires,  conditions  of  climate,  soil,  etc 16 

Catamarca 19 

Cordoba iS 

Corrientes 17 

Entre  Rios •. , 17 

Inj  uy 19 

La  Rioja 20 

Mendoza 20 

Patagonia 15 

Salta 19 

San.Juan 20 

San  Luisi 20 

Santa  Fe 17 

Santiago i  S 

Tucuman 18 

Provision  for  immigrants  upon  arrival 4 

Reward  for  tree  planting 10 

Rosario,  port  for  province  of  Santa  Fe 17 

Salado  River,  province  of  Santiago 18 

Silver  mines  in  provinces  of  Catamarca  and  La  Rioja 19,  20 

Slaverj"  prohibited 2 

Speech  of  Dr,  Don  Roque  Saenz  Pena  at  International  American  Conference .  i 

Steamers  on  Uruguay  and  Parana  rivers 17 

Transportation  free  for  immigrants  to  points  in  the  Republic  6,  10 

University  of  Cordoba 18 

Viticulture  in  province  of  San  Juan .20 

Asuncion,  Paraguay,  statistics  of  inimigration 121 

Atlantic  Railroad  Company,  Costa  Rica 59 

B. 

Baker,  E.  L.,  United  States  consul  at  Buenos  Aires,  report  on  Argentine  land 

laws II 

Translation  of  Paraguayan  land  law 119 

Bartlett,  Charles,  United  States  consul  at  Guadeloupe,  report  on  public  lands. .  175 

Beelen,  Frederick  A.,  consul  of  Chile  at  New  York,  report  on  immigration. ...  50 
Bolivia : 

Immigration  laws,  conditions,  etc 21 

Opportunities  for  United  States  capital. ; 21 

Brazil : 

Bahia,  State  of — 

Colonies  of  Carolina,  Moniz.Rio  Blanco,  and  Theodoro 25 

Cananea,  port  of,  in  State  of  Sao  Paulo 26 

Colonies,  historical  review 24 

Provision  for  settlers 26 

Drawbacks  to  immigration 32 


INDEX.  193 

Brazil — Continued.  Page. 
Espirito  Santo,  State  of — 

Colony  of  Rio  Novo 25 

Colony  of  Santa  Leopoldina,  chiefly  German 25 

Colony  of  SSo  Jos6  do  Tyrol,  settled  by  Tyroleans 25 

Itapemerim,  port  of,  in  State  of  Espirito  Santo 25 

Guimaraes,  port  of,  in  Colony  of  Rio  Grande  do  Sul 26 

Immigrants,  nationalities  in  the  State  of  Rio  Grande  do  Sul 31 

Provision  for  return  to  their  former  countries 42 

Immigration,  Government  inducements 30 

Provision  for  Chinese 3g 

Regulations  controlling 39 

Statistics 22,  30 

Treaty  with  Japan  authorized 39 

Land  law  of  1859 32 

Lands,  Government  commission 27 

Regulations  by  governor  of  Rio  Grande  do  Sul 47 

Minas-Geraes,  State  of — 

German  colony  of  Mercury 25 

Para,  State  of —  ' 

Colony  of  Santarem,  settled  by  United  States  and  British  immigrants. .  25 
Parana,  State  of — 

Colony  of  D'Assunguy 26 

Poles,  immigration  to  Rio  Grande  do  Sul 32 

Review  of  immigration  and  colonization 22 

Rio  de  Janeiro,  State  of — 

Colony  of  Porto  Real 25 

Rio  Grande  do  Sul,  consular  district,  regulations  as  to  immigration  and 

public  lands 27 

Rio  Grande  do  Sul,  State  of — 

Colony  of  Santa  Maria  da  Soleda  de 26 

German  colony  of  Sao  Leopoldo  and  branches 24 

German  colony  of  Santa  Cruz 24 

Santa  Catharina,  German  colony  Blumenau  (Itajahy) 25 

Colony  of  D.  Francisca 25 

Immigration  statistics 30 

Sao  Paulo,  State  of — 

Colony  of  Cananea,  chiefly  English 26 

United  States  Department  of  State,  immigration  circular  to  consuls 27 

British  Guiana  (Demerara),  department  of  immigration 168 

East  Indian  immigration  to 169 

English  syndicate  for  developing  lands  and  resources 173 

Nationalities  of  immigrants 169 

Ordinance  regulating  Crown  lands 169 

Report  of  United  States  Consul  Philip  Carroll,  of  Demerara,  upon  public 

land  laws 167 

Bull.  53 13 


194  INDEX. 

C. 

Paga 

Calderon,  Climaco,  consul-general  of  Colombia  at  New  York,  letter  as  to  immi- 
gration    52 

Carroll,  Philip,  Uniied  States  consul  at  Demerara,  British  Guiana,  report  on 

public  land  laws 167 

Chihuahua,  Mexico,  lands  and  land  laws 112 

Immigration 113 

Chile: 

Areas  of  unoccupied  lands  and  their  products 51 

Regulations  as  to  immigration  and  public  lands 50 

Colombia: 

Regulations  as  to  immigration  and  colonization •. .  52 

(Panama),  report  of  Consul-General  Adamson  upon  immigration  and  public 

lands < 53 

Costa  Rica: 

American  colony  of  W.  H.  Reynolds 60 

Colony  of  Buena  Vista,  negroes  and  Chinese  excluded 59 

Colony  of  San  Bernado  de  Talamanca 58 

Concession  for  Costa  Rican  Loan,  Trust,  and  Colonization  Bank 61 

Concession  for  sugar  plantation  in  Guanacaste 61 

Cuban  colony  in  Nicoya \ 5g 

Germany  colony  of  Coco  Island 60 

Guaranties  for  individual  freedom 55 

Inducements  for  immigration 54 

Land  laws 57 

Matino  River  colony 59 

Naturalization  laws • 56,  61 

Proposed  Rodriguez  colony  in  San  Carlos  Valley 60 

Refusal  of  Congress  to  approve  provision  for  excluding  foreigners 57 

Crespo,  Joaquin,  President  of  Venezuela,  decree  as  to  immigration 157 

Cuba: 

German  settlers  in 177 

Regulations  as  to  foreign  ships 189 

Rights  of  foreign  settlers  in 178 

Royal  ordinance  of  colonization 177 

Statute  on  aliens 182 

United  States  settlers  in 177 

D. 

Da  Fonseca,  Manual  Deodoro,   President  of  Brazil,  approval  of  immigration 

and  land  laws 47 

Daugherty,  A.  J.,  United  States  consul  at  Callao,  Peru,  report  on  public  lands.  139 

Demerara,  British  Guiana,  lands  and  land  laws 167 

Dutch  Guiana: 

East  Indian  immigration  to 174 

Immigration  of  Chinese  to 175 


INDEX.  195 

Dutch  Guiana — Continued.  Page. 

Nationalities  of  immigrants  . .    174 

Opportunities  for  colored  immigrants  from  United  States 175 

Report  of  acting  United  States  Consul  William  Wyndham,  of  Paramaribo,  on 

immigration  and  land  laws 174 

E. 

Ecuador: 

Decree  forbidding  Chinese  immigration 68 

Extract  from  message  of  President  Flores  upon  immigration 67 

Immigrants  coming  from  Colombia 68 

Immigration  Board  at  Guayaquil 67 

Public  land  law 68 

Public  lands  unoccupied 66 

French  colony  in  State  of  Vera  Cruz,  Mexico no 

F. 

Flores,  President  of  Ecuador,  review  of  immigration  problem 67 

G. 

German  settlers  in  Mexico 113 

Gissler,  August,  concession  for  German  colony,  Coco  Island,  Costa  Rica 60 

Glicerio,  Francisco,  recommendations  upon  immigration  to  Brazil 39 

Guadaloupe: 

East  Indian  immigration 177 

Report  of  United  States  Consul  Charles  Bartlett  on  public  lands 175 

Guatemala: 

Immigration  laws 72 

Regulations  governing  acquisition  of  unoccupied  lands 75 

Society  of  Immigration 73 

Guaymas,  Mexico,  report  of  United  States  Consul  A.  Willard  on  public  lands 

and  immigration 106 

H. 

Herring,  D.  W.,  United  States  consul  at  Tegucigalpa,  report  on  land  and  land 

laws  in  Honduras 79 

Hill,  Frank  D.,  United  States  consul  at  Montevideo,  Uruguay,  description  of 

agricultural  colonies 155 

United  States  consul  at  Montevideo,  Uruguay,  report  on  public  lands  and 

land  laws 150 

Honduras: 

Agricultural  products 80 

Best  localities  for  fruit  growing 79 

Inducements  for  immigration 77 

Public  land  laws . . .  ? 77.  82 


196 


INDEX. 


Honduras — Continued.  Page. 

Interoceanic  Railroad,  proposed  extension  in  Hondurais 7g 

Purchase  of  fruit  and  timber  land  by  a  New  York  syndicate ....  79 

Railroads,  surveys  for  railroad  from  Tegucigalpa  to  San  Lorenzo,  Honduras  79 

Report  on  land  and  land  laws  in  Honduras  by  Consul  D.  W.  Herring 79 

I. 

Italian  colonists  in  Mexico 105 

L. 

Lower  California,  International  Company's  colony 105 

M. 

Maceo,  Antonio,  concession  for  Cuban  colony  in  Nicoya,  Costa  Rica 59 

Matamoras,  Mexico,  report  of  United  States  Consul  Richardson  on  lands  and 

land  laws ...    109 

McCreery,  William    B.,  late   United  States  consul   at  Valparaiso,    report   on 

Chilean  immigration 50 

Mexico: 

American  colonists  in 105,  no,  113 

Federal  Government's  attempts  to  colonize no 

German  settlers  in 113 

Immigration  and  colonization  laws 98 

Immigration  companies,  provision  for 102 

Immigration  from  China no,  113 

Immigration  to  State  of  Tamaulipas no 

Inducements  for  immigration  (general) 98 

Inducements  for  immigration  offered  by  State  governments 103 

International  Company,  colony  in  Lower  California 105 

Italian  settlers  in 105 

List  of  colonies  in  the  Republic 104 

Message  of  President  Diaz  referring  to  surveys  and  distribution  of  public 

lands 105 

Naturalization  laws in 

Obstacles  to  settlement  from  United  States  along  the  frontier 109 

Obstacles  to  settlement  from  United  States,  general in 

Prices  of  public  lands 113 

Report  of  United  States  Consul  Richardson,  at  Matamoras,  on  lands  and 

land  laws 109 

Report  of  United  States  Consul  Sampson,  of  Paso  del  Norte,  on  lands  and 

land  laws 112 

Report  of  United  States  Consul  Willard,  of  Guaymas,  on  lands  and  land 

laws 106 

Survey  of  lands  in  State  of  Sonora  and  in  Yaqui  Valley 106 


INDEX.  1(^7 

N. 

Negley,  Charles,  United  States  Consul  at  Rio  Grande  do  Sul,  Brazil,  report  on 

lands  and  immigration 27 

Nicaragua: 

Immigration  and  land  laws 115,  116 

Naturalization  laws 115,  117 

Interoceanic  Canal,  proposed  colony  near 60 

P. 

Paraguay: 

Agricultural  premiums'  law 130 

Condition  aad  resources  of  colonies  in 122 

English  syndicate  in  control  of  public  lands 118 

Immigrants  arriving  at  Asuncion,  nationalities  and  number 121 

Immigration  and  land  laws  118,119 

Message  of  the  President  reviewing  immigration  and  colonization 121 

Proposed  penal  colony 123 

Regulations  for  President  Gonzalez  Colon/ 123 

Text  of  land  law  translated  by  United  States  Consul  E.  L.  Baker iig 

Paramaribo,   Dutch  Guiana,  report  of   Acting  United   States  Consul   William 

Wyndham  on  immigration  and  land  laws 174 

Parol6,  J.  J.  Pereira,  governor  of  Rio  Grande  do  Sul,  Brazil,  land  regulations. . .  49 

Paso  del  Norte,  Mexico,  report  of  United  States  Consul  Sampson  on  lands  and 

land  laws 112 

Patagonia,  Argentine  Republic,  character  of  lands 15 

Pelliza,  M.  A.,  author  of  Manual  of  the  Immigrant  to  the  Argentine  Republic. . .  10 

Peru: 

Abolition  of  slaver)' 134 

Concessions  to  immigration  companies 139 

Contracts  for  colonization  from  Germany,  Ireland,  and  Spain 135 

Coolie  system   in 134 

Decree  of  President  Pardo  for  promoting  immigration  from  Europe 135 

Immigration  and  land  laws 136,  137,  138,  139 

Immigration  association,  rules,  etc 135 

Immigration,  Chinese ,  .  134 

Report  of  United  States  Consul  A.  J.  Daugherty  on  public  lands 139 

Resources  of 134 

Rights  of  foreigners 137 

President  Gonzalez  Colony,  Paraguay,  regulations  for 123 

Description  of 125 

By-laws  for 127 

Puerto  Rico,  royal  ordinance  of  colonization 178 

R. 

Reynolds,  \V.  H.,  of  Hornelsville,  New  York,  concession  for  American  colony 

in  Costa  Rica 60 


198 


INDEX. 


Page. 

Riatti,  Attilio  Lazaro,  concession  for  Matina  River  colony,  Costa  Rica .  59 

Richardson,  United  States  Consul  at  Matamoras,  Mexico,  report  on  lands  and 

land  laws    log 

River  Plata  Loan,  Trust  and  Agency  Company,  grant  in  Costa  Rica 59 

Rodriguez,  Usibio,  proposed  colony  in  San  Carlos  Valley,  Costa  Rica 60 


Saenz  Pena,  Dr.  Don  Roque,  speech  at  International  American  Conference. ...  i 
Sampson,  United  States  Consul,  at  Paso  del   Norte,  Mexico,  report  on  lands 

and  land  laws 112 

Sonera,  Mexico,  State  of,  unoccupied  land 107 

Surveys  of  public  lands .* 106 

.  T. 

Tamaulipas,  State  of,  Mexico,  lands  and  land  laws 109 

•  U. 

Uruguay: 

Agricultural  colonies  described  by  United  States  Consul  Frank  D.  Hill. . . .  155 
Certain  classes  of  immigrants,  including  Asiatics,  Africans,  and  Gypsies, 

prohibited 146 

Immigration  law 142 

Inducements  for  immigration 143 

Law  of  colonization .150-152 

Nationalities  of  immigrants 141 

Penalties  for  violations  of  immigration  law  by  vessel  captains 146 

Report  of  Consul  Frank   D.  Hill,  of  Montevideo,  upon  public  lands  and 

land  laws 150 

Swiss  and  Vaudois  colonies 155 

V. 

Venezuela: 

Colonization  law 162 

Immigration  law 157 

Regulations  as  to  the  purchase  of  public  lands 162 

Territory  ceded  to  British  Guiana , 167 

Vera  Cruz,  State  of,  Mexico,  inducements  for  immigration 103 

W. 

Willard,  A.,  United  States  consul  at  Guaymas,  Mexico,  report  on  land  and  land 

laws 106 

Wyndham,  William,  Acting  United  States  consul  at  Paramaribo,  Dutch  Guiana,    . 

report  on  immigration  and  land  laws 174 


INDEX.  I9CJ 

Y. 

Yaqui  Valley,  Mexico,  survey  of  public  lands 106 

Z. 

Zelaya,  leronimo,  Secretar)-  of  Foreign    Relations,  Honduras,  statement  as  to 

public  lands 77 


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